The trademark Vitae Sensum was filed by Viktor Wund, a national of the Republic of Austria (the "Applicant") and Thomas Hutter, a national of the Republic of Austria (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on March 10, 2020, and received one opposition filed on June 9, 2020 by VITAE HEALTH INNOVATION, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GARRETA I ASSOCIATS AGÈNCIA DE LA PROPIETAT INDUSTRIAL, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 9, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on March 9, 2020.
Goods And Services
The mark was filed in class 3 with following description of goods:
Mouthwashes, not for medical purposes
Cosmetic preparations for baths
Depilatory wax
Toothpaste
Bath salts, not for medical purposes
Facial masks
Natural oils for cosmetic purposes
Baby lotions
Beauty masks
Baby oils
Soap
Shampoo bars
Nail varnish
Shampoos
Cosmetic preparations for skin care
Hair masks
Cosmetic preparations for the care of mouth and teeth
Soaps in liquid form
Mouth sprays, not for medical use
Oils for hair conditioning
Facial scrubs [cosmetic]
Biological laundry detergents
Lip balms [non-medicated]
Dental bleaching gels
Tooth care preparations
Oils for cosmetic purposes
Bath salts
Eye cream
Tooth polish
Skin cleansers
Baby shampoo
Facial washes [cosmetic]
Blemish balm creams
Breath freshening sprays
Bath and shower gels, not for medical purposes
Dental care preparations for animals
Body and facial oils
Teeth whitening strips
Exfoliants
Natural perfumery
Dry shampoos
Hair mousse
Sunscreen preparations
Toning spritz
Shaving foam
Face and body creams
Antiperspirants [toiletries]
Preparations for cleaning dentures
After-shave preparations
Hair rinses [shampoo-conditioners]
Make-up removing creams.
The mark was filed in class 21 with following description of goods:
Make-up brushes
Toothbrushes
Floss for dental purposes
Brushes for personal hygiene
Nail brushes
Eyebrow brushes
Toothbrushes, electric
Skin cleansing brushes
Dental cleaning articles
Oral irrigators, other than for use in dentistry.
The mark was filed in class 29 with following description of goods: