The trademark DERMÉCRAN was filed by LABORATOIRE DE L'HOMME DE FER, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 20, 2020, and received one opposition filed on December 20, 2020 by AC Marca Personal Care, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CANELA PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 20, 2020
The application was filed in French, and French 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 November 22, 2020.
The Opposition with reference B 003137494 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 18, 2024 by the EUIPO. The Opposition with reference B 003137494 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 19, 2023 by the EUIPO. The Appeal with reference B R1726/2023-4 was Other according to Article 27(3)(c) EUTMDR with decision issued on April 22, 2024 by the EUIPO.
The application claimed as seniority of the French Republic trademark 1635850 registered on December 20, 1990 and filed on December 20, 1990 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with following description of goods:
Skin sealants and ,More generally skin care preparations
Perfumery
Ethereal oils
Cosmetics
Soap
Hair lotions
Dentifrices
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Barrier creams
Body oils for cosmetic purposes
Make-up removing preparations
Beauty masks
Body lotions [for cosmetic use]
Gels and balms for the shower
Shaving cream
Body gels and balms for cosmetic purposes
Extracts of perfumes
Air fragrancing preparations
Incense
Incense sticks
Incense cones
Scented sachets
Scented water
Shampoos
Hand creams
Face creams for cosmetic use
Body cream
Cold creams for cosmetic use
Fluid creams [cosmetics]
Sun creams
Exfoliant creams
Moisturising creams
Creams for cellulite reduction
Anti-wrinkle cream
Day creams
Night creams
Cosmetics in the form of creams
Cleaning preparations impregnated into pads
Cleaning preparations for hands
Hand gels
Non-medicated foot cream
Non-medicated beauty preparations
Recovery creams for cosmetic use.
The mark was filed in class 5 with following description of goods:
Pharmaceutical, veterinary and sanitary preparations
Dietetic preparations for children and the sick
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Preparations for killing weeds and destroying vermin
Hand creams for medical use
Food supplements
Pharmaceutical creams
Medicated creams
Creams for dermatological use
Babies' creams [medicated]
Cold cream for medical use
Pomades for medical purposes
Balms for medical purposes
Medical preparations
Disinfectants for hygiene purposes
Disinfectant soap
Sanitising wipes
Antiseptic preparations
Antibacterial soap
Antibacterial handwash
Alcohol-based antibacterial skin sanitizer gels
Protective creams (Medicated -)
Medicinal creams for the protection of the skin.
The mark was filed in class 35 with following description of goods:
Advertising
Marketing
Arranging business introductions relating to the buying and selling of products
Negotiation of contracts relating to the purchase and sale of goods
Import-export of goods
Presentation of goods on communication media, for retail and wholesale purposes
Demonstration of goods
Providing consumer product advice
Organization and conducting of trade fairs, exhibitions and shows
Wholesale services or Retailing via a website and in-store of the following goods: Skin protection products and ,More generally skin care preparations, Perfumery, essential oils, cosmetics, Soaps, Hair lotions, dentifrices, Bleaching preparations and other substances for laundry use
Wholesale services or Retailing via a website and in-store of the following goods: Cleaning, polishing, scouring and abrasive preparations, Barrier creams, Body oils (for cosmetic use)
Wholesale services or Retailing via a website and in-store of the following goods: Products for removing make-up, Beauty masks, Body lotions for cosmetic use
Wholesale services or Retailing via a website and in-store of the following goods: Gels and Shower balms, Shaving creams and gels and Body balms for cosmetic use, Perfume extracts, Room fragrances, incenses, Joss sticks, incense cones, Scented sachets, Scented water
Wholesale services or Retailing via a website and in-store of the following goods: Shampoos, hand cream, facial creams, body cream, Cosmetic creams, Fluid creams (cosmetics)
Wholesale services or Retailing via a website and in-store of the following goods: sun creams, Scrub creams, moisturising creams, creams for cellulite reduction, wrinkle resistant creams, day creams, night cream, cosmetics in the form of creams, Wet wipes, incorporating cleaning preparations, Hand cleaning preparations, Hand gels
Wholesale services or Retailing via a website and in-store of the following goods: non-medicated foot cream, Glamour and beauty products, Other than for medical use, recovery creams for cosmetic use, Barrier creams, Pharmaceutical preparations, Veterinary and sanitary preparations, dietetic substances for children and invalids, Plasters, material for dressings
Wholesale services or Retailing via a website and in-store of the following goods: Materials for stopping teeth, dental wax, Disinfectants, Herbicides and preparations for destroying vermin, hand creams for medical use, Supplements for food
Wholesale services or Retailing via a website and in-store of the following goods: Creams for pharmaceutical purposes, Creams for medical purposes, Creams for dermatological use, Creams (for medical use) for babies and children, Beauty creams for medical use, Pomades for medical purposes, Balms for medical purposes, Medical preparations, Disinfectants for hygiene purposes, Disinfectant soap
Wholesale services or Retailing via a website and in-store of the following goods: sanitising wipes, Sanitising preparations, anti-bacterial soap, Antibacterial hand washing preparations, alcohol-based antibacterial skin sanitizer gels, Protective creams for medical purposes, medicated creams for the protection of the skin.