The trademark Slimly was filed by Justinus Wagner, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 9, 2020, and received one opposition filed on November 9, 2020 by NAH Holdings Ltd on Likelihood of confusion. the opponent was represented by Merico, Stefano and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 9, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on August 1, 2021. Change of name and address of the trademark registration was recorded on April 11, 2022.
The Opposition with reference B 003134584 was rejected according to Article 8(1)(b) EUTMR with decision issued on January 17, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Toiletries and Cosmetics..
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Dietary supplemental drinks
Pharmaceutical preparations
Dietary supplements and dietetic preparations
Dietetic preparations adapted for medical use
Medicinal tea
Chewing gum for medical purposes
Gum for medical purposes
Candy, medicated.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Sweets (candy), candy bars and chewing gum
Bakery goods
Confectionery items coated with chocolate
Dairy confectionery
Chocolate
Edible ices
Sugar
Grape sugar
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Processed cereals.
The mark was filed in class 32 with Soft drinks.
The mark was filed in class 35 with following description of goods:
Retail services in relation to toiletries
Online retail services in relation to toiletries
Retail services in relation to cosmetics
Online retail services in relation to cosmetics
Retail services in relation to dietary supplements
Online retail services in relation to nutritional supplements
Retail services in relation to dietary supplemental drinks
Online retail services in relation to dietary supplemental drinks
Retail services in relation to pharmaceutical preparations
Online retail services in relation to pharmaceutical preparations
Retail services in relation to dietary supplements and dietetic preparations
Online retail services in relation to dietary supplements and dietetic preparations
Retail services in relation to dietetic preparations adapted for medical use
Online retail services in relation to dietetic preparations adapted for medical use
Retail services in relation to medicinal tea
Online retail services in relation to medicinal tea
Retail services in relation to coffee, teas and cocoa and substitutes therefor
Online retail services in relation to coffee, teas and cocoa and substitutes therefor
Retail services in relation to sweets (candy), candy bars and chewing gum
Online retail services in relation to sweets (candy), candy bars and chewing gum
Retail services relating to bakery products
Online retail services in relation to bakery goods
Retail services in relation to confectionery items coated with chocolate
Online retail services in relation to confectionery items coated with chocolate
Retail services in relation to dairy confectionery
Online retail services in relation to dairy confectionery
Retail services in relation to chocolate
Online retail services in relation to chocolate
Retail services in relation to edible ices
Online retail services in relation to edible ices
Retail services in relation to sugar
Online retail services in relation to sugar
Retail services in relation to grape sugar
Online retail services in relation to grape sugar
Retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Online retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Retail services in relation to processed cereals
Online retail services in relation to processed cereals
Advertising
Merchandising
Marketing
Publicity and sales promotion services
Mail order retail services in relation to toiletries
Mail order retail services in relation to cosmetics
Mail order retail services in relation to nutritional supplements
Mail order retail services in relation to dietary supplemental drinks
Mail order retail services in relation to pharmaceutical preparations
Mail order retail services in relation to dietary supplements and dietetic preparations
Mail order retail services in relation to dietetic preparations adapted for medical use
Mail order retail services in relation to medicinal tea
Mail order retail services in relation to chewing gum for medical purposes
Mail order retail services in relation to gum for medical purposes
Mail order retail services in relation to candy, medicated
Mail order retail services in relation to coffee, teas and cocoa and substitutes therefor
Mail order retail services in relation to sweets (candy), candy bars and chewing gum
Mail order retail services in relation to bakery goods
Mail order retail services in relation to confectionery items coated with chocolate
Mail order retail services in relation to dairy confectionery
Mail order retail services in relation to chocolate
Mail order retail services in relation to edible ices
Mail order retail services in relation to sugar
Mail order retail services in relation to grape sugar
Mail order retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Mail order retail services in relation to processed cereals
Mail order retail services in relation to soft drinks.
The mark was filed in class 41 with following description of goods:
Conducting classes in weight reduction
Conducting instructional courses
Educational and training services relating to healthcare
Instruction in diet [not medical]
Provision of educational services relating to diet
Provision of educational services relating to health
Conducting training courses relating to diet online
Provision of educational services relating to fitness
Provision of training courses
Life coaching (training)
Conducting workshops [training]
Education services relating to health
Beauty arts instruction
Education services relating to nutrition
Conducting of classes
Sports and fitness services.
The mark was filed in class 44 with following description of goods:
Hygienic and beauty care
Medical counseling
Medical services
Surgery
Beauty consultancy
Consulting services relating to health care
Consultancy in the field of body and beauty care
Health counselling
Consultancy provided via the Internet in the field of body and beauty care
Providing medical advice in the field of weight loss
Weight reduction diet planning and supervision
Weight reduction diet planning services
Dietetic advisory services
Health spa services
Tanning salon and solarium services
Paramedical services
Beauty salon services
Dermatological services for treating skin conditions