The trademark TOWA T was filed by TOWA PHARMACEUTICAL CO., LTD., a corporation established under the laws of Japan (the "Applicant"). The application was published for oppositions on February 4, 2021, and received one opposition filed on February 16, 2021 by LIDERVENDAS - REPRESENTAÇÕES COMERCIAIS, LDA. on Likelihood of confusion. the opponent was represented by ALVARO DUARTE & ASSOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 16, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Change of name and address of the trademark registration was recorded on May 28, 2020. Change of name and professional address of the trademark registration was recorded on February 2, 2022.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals for use as an additive to foods
Chemicals
Glue and adhesives for industrial purposes
Plant growth regulating preparations
Fertilizers
Ceramic glazings
Priming putty
Higher fatty acids
Non-metallic minerals
Chemical compositions for developing, printing and enlarging photographs
Reagent paper [not for medical purposes]
Artificial sweeteners
Flour and starch for industrial purposes
Plastics [raw materials]
Wood pulp
Paper pulp.
The mark was filed in class 3 with following description of goods:
Antistatic preparations for household purposes
De-greasing preparations for household purposes
Rust removing preparations
Stain removing benzine
Fabric softeners for laundry use
Laundry bleach
Adhesives for affixing false hair
Laundry starch
Seaweed gelatine for laundry use [Funori]
Adhesives for affixing false eyelashes
Breath freshening preparations
Deodorants for animals
Paint stripping preparations
Shoe cream
Shoe black [shoe polish]
Polishing preparations
Soaps and detergents
Dentifrices
Cosmetics
Mint for perfumery
Food flavourings [essential oils]
Flavourings for beverages [essential oils]
Incense
Abrasive paper [sandpaper]
Abrasive cloth
Abrasive sand
Artificial pumice stone
Polishing paper
False nails
False eyelashes.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Diagnostic preparations
Pharmaceutical products
Nutraceuticals for use as a dietary supplement
Supplementary food
Diagnostic test preparations for screening of diseases
Diagnostic test preparations for detecting of sensory abnormality for the detection or prevention of diseases
Pharmaceutical preparations
Reagent paper for medical purposes
Oiled paper for medical purposes
Adhesive tapes for medical purposes
Drug delivery agents in the form of edible wafers for wrapping powdered pharmaceuticals
Gauze for dressings
Empty capsules for pharmaceuticals
Eyepatches for medical purposes
Ear bandages
Menstruation bandages
Menstruation tampons
Sanitary napkins
Sanitary panties
Absorbent cotton
Adhesive plasters
Bandages for dressings
Liquid bandages
Breast-nursing pads
Cotton swabs for medical use
Dental materials
Diapers
Diaper covers
Fly catching paper
Mothproofing paper
Lacteal flour for babies
Dietary supplements for humans
Dietetic beverages adapted for medical purposes
Dietetic food adapted for medical purposes
Beverages for babies
Food for babies
Dietary supplements for animals
Semen for artificial insemination.
The mark was filed in class 9 with following description of goods:
Loudspeakers
Microphones
Measuring or testing machines and instruments
Electric or magnetic meters and testers
Telecommunication machines and apparatus
Digital signage monitors
Personal digital assistants
Audio and video recordings
Application software
All of the aforementioned goods to improve quality of sound and voice to all those who have hearing difficulties and/or want clear sound and voice
Sound and voice processing devices for converting and improving quality of sound and voice
Virtual reality headsets
Virtual reality head mounted displays
Sports training simulators
Spectacles [eyeglasses and goggles]
Downloadable image files
Electronic periodicals
Electronic publications.
The mark was filed in class 10 with following description of goods:
Hearing aids
Home diagnostic test kit
Diagnostic test kit for screening of diseases
Diagnostic test kit for detecting of sensory abnormality for detecting and preventing diseases
Finger guards for medical purposes
Pacifiers for babies
Ice bag pillows for medical purposes
Triangular bandages
Supportive bandages
Surgical catguts
Feeding cups for medical purposes
Dropping pipettes for medical purposes
Teats
Medical ice bags
Medical ice bag holders
Baby bottles
Nursing bottles
Contraceptives, non-chemical
Artificial tympanic membranes
Prosthetic and orthopedic joint implants made of artificial materials
Ear plugs for sleeping
Ear plugs for soundproofing
Esthetic massage apparatus for commercial use
Supportive and corrective elastic compression bands for muscles or joints of human beings or animals
Medical apparatus and instruments
Electric massage apparatus for household purposes
Urinals for medical purposes
Bed pans
Ear picks
Sanitary masks for personal use
Hearing and walking assistive robots with a built-in computer software adapted for persons with disabilities
Hearing and walking assistive robots with a built-in computer software for medical purposes
Hearing and walking assistive robots with a built-in computer software for healthy persons
Wearable walking assistive robots for medical purposes.
The mark was filed in class 16 with following description of goods:
Containers of paper, for packaging
Bags [pouches] of plastics, for packaging
Hygienic hand towels of paper
Towels of paper
Table napkins of paper
Hand towels of paper
Handkerchiefs of paper
Paper and cardboard
Stationery
Periodicals
Publications
Printed matter.
The mark was filed in class 30 with following description of goods:
Binding agents for ice cream
Meat tenderizers for household purposes
Preparations for stiffening whipped cream
Aromatic preparations for food, not from essential oils
Tea
Prepared coffee and coffee-based beverages
Prepared cocoa and cocoa-based beverages
Ice
Cereal based snacks
Grain-based snack foods
Tortilla snacks
Crispbread snacks
Extruded corn snacks
Wheat-based snack foods
Corn-based snack foods
Maize based snack products
Rice-based snack foods
Multigrain-based snack foods
Flour based savory snacks
Liquorice-based snack foods
Bread and buns
Sandwiches
Steamed buns stuffed with minced meat [Chuka-manjuh]
Hamburgers [sandwiches]
Pizzas
Hot dog sandwiches
Meat pies
Seasonings [other than spices]
Spices
Ice cream mixes
Sherbet mixes
Unroasted coffee beans
Cereal preparations
Chocolate spread
Chinese stuffed dumplings [Gyoza, cooked]
Chinese steamed dumplings [Shumai, cooked]
Sushi
Fried balls of batter mix with small pieces of octopus [Takoyaki]
Boxed lunches consisting of rice, with added meat, fish or vegetables
Ravioli
Yeast powder
Koji [fermented malted rice]
Yeast
Baking powder
Instant confectionery mixes
Pasta sauce
By-product of rice for food [Sake lees]
Husked rice
Husked oats
Husked barley
Gluten for food
Flour.
The mark was filed in class 32 with following description of goods:
Beer
Carbonated drinks [refreshing beverages] with tea
Carbonated drinks [refreshing beverages]
Fruit juices
Vegetable juices [beverages]
Extracts of hops for making beer
Whey beverages.
The mark was filed in class 35 with following description of goods:
Retail services or Wholesale services for loudspeakers, microphones, telecommunication machines and apparatus, digital signage monitors, personal digital assistants
All of the aforementioned to improve quality of sound and voice to all those who have hearing difficulties and/or want clear sound and voice
Retail services or Wholesale services for sound and voice processing devices for converting and improving quality of sound and voice, hearing assistive robots with a built-in computer software, walking assistive robots with a built-in computer software, virtual reality headsets, virtual reality head mounted displays
Promoting the goods and services of others through the administration of sales and promotional incentive schemes involving trading stamps
Providing information concerning commercial sales of pharmaceutical preparations
Providing information concerning commercial sales
Temporary personnel recruitment or placement services
Employment agency services through the use of temporary staffing
Employment agency services
Import-export agency services
Office functions, namely filing, in particular documents or magnetic tapes
Compilation of information into computer databases
Providing commercial information and advice for consumers in the choice of products and services
Retail services or wholesale services for additive to foods and chemicals
Retail services or wholesale services for pharmaceutical, veterinary and sanitary preparations
Retail services or wholesale services for medical supplies, except gloves
Retail services or wholesale services for carbonated drinks [refreshing beverages], tea, dietary supplements for humans, processed food, and foods and beverages
Retail services or wholesale services for medicinal herbs, plants, and seeds
Retail services or wholesale services for medical apparatus.
The mark was filed in class 38 with Rental of telecommunication machines and apparatus.
The mark was filed in class 40 with following description of goods:
Processing of medicinal herbs, plants or seeds
Treatment or processing of cloth, clothing or fur, including drying
Processing of rubber
Processing of plastics
Ceramic processing
Woodworking
Paper treating and working
Stone treating
Processing of bamboo, tree barks, rattan, vines or other mineral vegetable materials, other than processing of ingredients
Food processing
Processing of artificial limbs or artificial teeth, including processing of medical materials
Water treating
Recycling of waste
Rental of machines and apparatus for processing foods or beverages
Rental of water purifying apparatus
Rental of chemical processing machines and apparatus
Printing
Rental of air-conditioning apparatus for household purposes
Rental of humidifier for household purposes
Rental of air purifiers for household purposes
Rental of humidifier for industrial purposes
Rental of air purifiers for industrial purposes
Rental of air conditioners for industrial purposes.
The mark was filed in class 41 with following description of goods:
Rental of virtual reality head mounted displays
Providing periodicals
Educational and instruction services relating to pharmaceutical preparations and substances, health, medical care or health care
Educational and instruction services relating to arts, crafts, sports or general knowledge
Arranging, conducting or organization of seminars, forums, symposiums, workshops and lectures in the field of pharmaceutical preparations and substances, health, medical care or health care
Arranging, conducting or organization of seminars, forums, symposiums, workshops and lectures
Providing electronic publications
Services of reference libraries for literature and documentary records
Book rental
Publication and editing of periodicals and electronic publications
Publication of books
Production of videotape film in the field of education, culture, entertainment or sports [not for movies or television programs and not for advertising or publicity]
Providing sports facilities
Rental of sports equipment
Rental of records or sound-recorded magnetic tapes
Rental of image-recorded magnetic tapes
Rental of sound or image recordings
Rental of sound and voice processing devices for converting and improving quality of sound and voice
Rental of loudspeakers, microphones, virtual reality headsets.
The mark was filed in class 42 with following description of goods:
Rental and provision of application software
Computer software design, computer programming, or maintenance of computer software
Technological advice relating to computers, automobiles and industrial machines
Testing, inspection or research of pharmaceuticals, cosmetics or foodstuffs or providing information thereon
Testing, inspection or research of medicine, pharmaceutical products and substances, medical care or health care or providing information thereon
Testing or research on machines, apparatus and instruments or providing information thereon
Rental of measuring apparatus
Rental of wearable computers, monitors [computer hardware], computer peripheral devices, scanners [data processing equipment], readers [data processing equipment], electric meters and testers, digital signage monitors, personal digital assistants
Rental of computers
Providing computer programs on data networks.
The mark was filed in class 44 with following description of goods:
Beauty salon services
Barbershops
Providing bath houses
Cultivation of medicinal herbs or plants
Garden tree planting
Garden or flower bed care
Fertilizer spreading
Weed killing
Vermin exterminating [for agriculture, aquaculture, horticulture or forestry]
Providing assistance in the field of home rehabilitation
Rehabilitation
Massage and therapeutic Shiatsu massage
Chiropractic
Moxibustion
Treatment for dislocated joints, sprain, bone fractures or the like [Judo-seifuku]
Bodywork therapy
Acupuncture
Providing medical information
Physical examination
Dietary and nutritional guidance and providing information thereon
Nursing care
Nursing care and providing information thereon
Health care and providing information thereon
Rental of medical apparatus and instruments or body rehabilitation apparatus and instruments
Rental of hearing and walking assistive robots with a built-in computer software adapted for persons with disabilities
Rental of hearing and walking assistive robots with a built-in computer software for medical purposes
Rental of hearing and walking assistive robots with a built-in computer software for healthy persons.