The trademark FLOW was filed by Martin Herbst, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on September 30, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on December 30, 2020 by Ferton Holding S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MÜLLER SCHUPFNER & PARTNER PATENT- UND RECHTSANWALTSPARTNERSCHAFT MBB and its proceedings were handled in German
The second opposition filed on December 27, 2020 by PARI Pharma GmbH on Likelihood of confusion. the opponent was represented by DF-MP DÖRRIES FRANK-MOLNIA & POHLMAN PATENTANWÄLTE RECHTSANWÄLTE PARTG MBB and its proceedings were handled in German
The third opposition filed on November 26, 2020 by OVERPHARMA-PRODUTOS MEDICOS E FARMACEUTICOS, LDA on Likelihood of confusion. the opponent was represented by Pinto de Oliveira, Abel Dário and its proceedings were handled in English
The fourth opposition filed on November 15, 2020 by BIALACTIS BIOTECH S.L. on Likelihood of confusion. the opponent was represented by ROEB Y CIA, S.L. and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Essential oils and aromatic extracts including from marketable CBD products
Cleaning and fragrancing preparations
Perfumes
Creams.
The mark was filed in class 5 with following description of goods:
Medical and pharmaceutical compounds and preparations for healthcare, not being in the field of foodstuffs, food for babies and nutritional supplements
Medical and pharmaceutical preparations and remedies for the treatment of respiratory conditions, not being in the field of foodstuffs, food for babies and nutritional supplements
Pharmaceutical preparations, namely solution for the hygiene, decongestion, disinfection and humidification of the nasal passages and sinuses
Drops against dryness in the nose and against allergic symptoms in the nasal area (allergy, allergic rhinitis), drops for protection, for regeneration (in particular scarring), for rinsing, for cleaning, for removing blockages, for disinfection, for moistening and for rehydration of the nasal cavities and paranasal sinuses
Nasal sprays
Nasal cleaning preparations for medical purposes
Cleansing solutions for medical use
Pharmaceutical preparations for treating asthma
Antidepressants
None of the above products in the dental field.
The mark was filed in class 10 with following description of goods:
Inserts for the nose
Nasal dilators
Therapeutic nose clips for the prevention of snoring
Medical instruments and apparatus for cleaning, clearing blockages from, and disinfection of nasal cavities and sinuses
Medical devices for cleaning, clearing blockages from, and disinfection of nasal cavities and sinuses
None of the aforementioned goods in relation to the following fields: Surgical apparatus, Dental appartus and Veterinary medical apparatus, Artificial limbs and Wound suture materials.
The mark was filed in class 35 with Retail and wholesale services, by mail order, Via the Internet, in relation to the following goods: surgical and medical apparatus and instruments, Oils and aromatic extracts including being made from marketable CBD goods, Cleaning and fragrancing preparations, Perfumes, Nasal dilators, pharmaceutical and medicinal products and preparations None of the aforesaid goods being in the field of food, infant formula and nutritional supplements.