The trademark ECOGEA was filed by ECOGEA institute, a corporation established under the laws of the Republic of Slovenia (the "Applicant"). The application was published for oppositions on June 11, 2020, and received one opposition filed on September 7, 2020 by GEA Group Aktiengesellschaft on Likelihood of confusion. the opponent was represented by SCHNEIDERS & BEHRENDT PARTMBB, RECHTS- UND PATENTANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 7, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on December 28, 2020.
The Appeal with reference B R0921/2022-1 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on June 19, 2023 by the EUIPO. The Opposition with reference B 003130502 was refused according to Article 8(1)(b) EUTMR with decision issued on March 28, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Essential oils and aromatic extracts
Body cleaning and beauty care preparations
Oral hygiene preparations
Cosmetics
Natural cosmetics
Organic cosmetics
Essential oils for personal use
Perfumery, essential oils
Cosmetic dyes
Cosmetic creams and lotions
Herbal extracts for cosmetic purposes
All the aforesaid goods included in this class being solely for human use and solely for cleaning and care of human eyes, eyelids and eyelashes and not intended for animal use.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Pharmaceuticals and natural remedies
Herbal medicine
Pharmaceutical preparations
Pharmaceutical preparations and substances
Dietary and nutritional preparations
Dietary and nutritional supplements
Herbal supplements
Medicinal tea
Nutritional supplements
All the aforesaid goods included in this class being solely for human use and solely for the treatment of eye diseases in humans and not intended for animal use.
The mark was filed in class 42 with following description of goods:
Testing, authentication and Quality control, Exclusively relating to the following goods: Natural and ecological goods
Certification [quality control] in the field of natural and ecological goods without technical consultancy
Consultancy services relating to the quality control of solely natural and ecological goods, without technical consultancy and not in connection with industrial processes
Security clearance and consultancy, relating to natural and ecological goods, without technical consultancy
Development of natural and ecological consumer goods, without raw materials testing
Analytical laboratory services, in relation to the following goods: Cosmetology, Exclusively relating to the following goods: Cosmetics for human use and solely for cleaning and care of human eyes, eyelids and eyelashes and not intended for animal use
Research laboratories, in relation to the following goods: Cosmetology, Exclusively relating to the following goods: Cosmetics for human use and solely for cleaning and care of human eyes, eyelids and eyelashes and not intended for animal use or industrial use
Product research solely relating to natural and ecological goods for human use and solely for cleaning and care of human eyes, eyelids and eyelashes and not intended for animal use
Scientific research relating to cosmetics solely in connection with natural and ecological goods for human use and solely for cleaning and care of human eyes, eyelids and eyelashes and not intended for animal use.