The trademark VITHA Hair Cult was filed by Vitaliano Marotta, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on June 29, 2020, and received one opposition filed on August 23, 2020 by VITHAS SANIDAD, S.L. on Likelihood of confusion. the opponent was represented by INGENIAS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 23, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 4, 2021.
The Appeal with reference B R1336/2022-5 was Application rejected according to Article 8(1)(b) EUTMR with decision issued on March 19, 2023 by the EUIPO. The Opposition with reference B 003129303 was refused according to Article 8(1)(b) EUTMR with decision issued on May 22, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Hair treatment preparations
Oil baths for hair care
Hair creams
Shampoos
Cosmetic hair dressing preparations
Hair rinses [for cosmetic use]
Hair mousse
Refill packs for shampoo dispensers
Hair wax
Beard dyes
Hair texturizers
Cosmetic preparations for the hair and scalp
Hair spray
Hair preservation treatments for cosmetic use
Hairstyling serums
Balms, other than for medical purposes
Hair serums
Nail varnish
Hair conditioner bars
Hair care serums
Emollient shampoos
Styling gels
Dandruff shampoo
Dandruff shampoos, not for medical purposes
Hair waving preparations
Hair straightening preparations
Hair care creams
Beauty balm creams
Hair conditioners
Non-medicated hair shampoos
Wax treatments for the hair
Preparations for protecting coloured hair
Hair masks
Gels for fixing hair
Hair permanent wave kit
Hair strengthening treatment lotions
Hydrogen peroxide for use on the hair
Beauty preparations for the hair
Non-medicated shampoos
Hair neutralizers
Hair moisturising conditioners
Dry shampoos
Aftershave balms
Styling paste for hair
Shampoo bars
Oils for hair conditioning
Hair balsam
Hair protection mousse
Tints for the hair
Hair desiccating treatments for cosmetic use
Shaving balm
Preparations for setting hair
Shampoos for personal use
Mousses being hair styling aids
Wave-set lotions
Hair fixing oil
Hair care lotions
Hair and body wash
Body washes
Hair rinses [shampoo-conditioners]
Hairstyling masks
Hair powder
Hair nourishers
Shampoo-conditioners
Conditioning creams
Cosmetic dyes
Hair pomades
Colour-removing preparations
Hair lighteners
Baby hair conditioner
Hair lotions
Mousses [toiletries] for use in styling the hair
Hair protection lotions
Products for protecting coloured hair
Hair dyes
Hair protection gels
Refill packs for hair fixer dispensers
Hair care masks
Cosmetics for the use on the hair
Hair grooming preparations
Hair bleaching preparations
Neutralizing hair preparations
Hair preparations and treatments
Eyebrow colors
Hair tonic [non-medicated]
Hair-washing powder
Colouring lotions for the hair
Adhesives for false eyelashes, hair and nails
Styling lotions
Creams for fixing hair
Hair permanent treatments
Hair mascara
Hair frosts
Blemish balm creams
Non-medicated hair treatment preparations for cosmetic purposes
Hair tonic
Hair moisturisers
Conditioning balsam
Combing oil
Japanese hair fixing oil (bintsuke-abura)
Hair liquids
Hair care preparations, not for medical purposes
Shampoos for human hair
Cosmetic hair lotions
Baby shampoo mousse
Preparations for protecting the hair from the sun
Hair fixers
Hair glaze
Hair gel
Hair emollients
Hair protection creams
Hair dyeing preparations
Hair tinting preparations
Anti-wrinkle cream
Depilatory creams
Base cream
Aftershave moisturising cream
Camouflage cream
Creamy foundation
Creamy rouge
Cosmetic sun-protecting preparations
Lip cream
Hand creams
Non-medicated cleansing creams
Body mask cream
Face cream (Non-medicated -)
Cold cream
Retinol cream for cosmetic purposes
Skin cleansing cream [non-medicated]
Non-medicated scalp treatment cream
Shaving sets, comprised of shaving cream and aftershave