The trademark BANIVAL was filed by ERBAGIL S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 26, 2020, and received one opposition filed on July 26, 2020 by LEK farmacevtska druzba d.d. on Likelihood of confusion. the opponent was represented by Nordemann Czychowski & Partner Rechtsanwältinnen und Rechtsanwälte mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 26, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Perfumery
Fragrances
Perfumes
Soaps for personal use
Cosmetic hair lotions
Ethereal oils
Cosmetics
Cleaning sprays
Body sprays
Cleansing foam
Skin cleansing cream
Skin cleansing lotion
Cleansing masks
Cleaning preparations for personal use
Washing preparations for personal use
Cleansers for intimate personal hygiene purposes, non medicated
Face and body creams
Recovery creams for cosmetic use
Barrier creams.
The mark was filed in class 5 with following description of goods:
Pharmaceutical creams
Body creams for pharmaceutical use
Medicated body gels
Anti-inflammatory ointments
Anti-inflammatory gels
Bacteria fighting cleanser
Medicated and sanitising soaps and detergents
Cleansing solutions for medical use
Antibacterial sprays
Protective creams (Medicated -)
None of the aforementioned goods for the treatment of insomnia or sleeping issues.
The mark was filed in class 10 with following description of goods:
Protective clothing for medical purposes
Orthopedic articles
Suture materials
Medical and veterinary apparatus and instruments
Physical therapy equipment
Hearing protection devices
Medical furniture and bedding, equipment for moving patients