The trademark PHI COSMETICS the natural laboratory was filed by TINATI Natural Kft, a corporation established under the laws of Hungary (the "Applicant"). The application was published for oppositions on June 11, 2020, and received one opposition filed on September 1, 2020 by PHIACADEMY DOO BEOGRAD on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by IP CONSULTING LTD. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 1, 2020
The application was filed in Hungarian, and Hungarian was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0218/2022-4 was No decision on opposition according to Article 68(1) EUTMR with decision issued on March 30, 2022 by the EUIPO. The Opposition with reference B 003130028 was refused according to Article 8(1)(b) EUTMR with decision issued on December 1, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics
Organic cosmetics
Hand lotions
Hand milks
Hand gels
Hand oils (Non-medicated -)
Hand lotion (Non-medicated -)
Non-medicated foot lotions
Facial preparations
Non-medicated face care preparations
Cosmetic preparations for body care
Non-medicated lip care preparations
Non-medicated toothpaste
Non-medicated body care preparations
Antiperspirants [toiletries]
Baby care products (Non-medicated -)
Facial washes [cosmetic]
Face packs
Facial serum for cosmetic use
Hair grooming preparations
Non-medicated toiletry preparations
Perfumery, essential oils
Colour cosmetics
Soap products
Cleansers for intimate personal hygiene purposes, non medicated
Nail varnish removers
Eye make up remover
Ethereal oils
Skin care preparations
Herbal extracts for cosmetic purposes
Hair liquids
Hair conditioners
Hair straightening preparations
Hair dyes
Hair waving preparations
Hair spray
Perfumes
Hair removal and shaving preparations
Collagen preparations for cosmetic purposes.
The mark was filed in class 5 with following description of goods:
Enzyme dietary supplements
Dietary supplements with a cosmetic effect
Phytotherapy preparations for medical purposes
Medicinal infusions
Medicinal herbs
Immunostimulants.
The mark was filed in class 35 with following description of goods:
Advertising, including on-line advertising on a computer network
Commercial information and advice services for consumers in the field of cosmetic products
Mail order retail services for cosmetics
Online retail store services relating to cosmetic and beauty products
Marketing research in the fields of cosmetics, perfumery and beauty products
Negotiation of commercial transactions for third parties
Advertising services relating to cosmetics
Providing consumer product advice relating to cosmetics
Retail services connected with the sale of subscription boxes containing cosmetics
Providing consumer product information relating to cosmetics
Promoting the goods and services of others through the administration of sales and promotional incentive schemes involving trading stamps.