The trademark ProbioGyn was filed by Rudolf Keil, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 23, 2020, and received one opposition filed on February 22, 2021 by Syxyl GmbH & Co. KG on Likelihood of confusion. the opponent was represented by LOSCHELDER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 22, 2021
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:
Cosmetics
Soap
Perfumery
Ethereal oils
Cosmetics
Hair lotions.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Dietary supplements for humans
Dietetic preparations adapted for medical use
Food supplements
Dietary supplements and dietetic preparations
Medical products for internal use or application to the human body, with neither pharmacological, immunological nor metabolic properties, the aforesaid products included in class 5
Dietetic products, not for medical purposes, concentrates, Of the following goods, Vitamins, Minerals, Trace elements, Dietary fibre, Amino acids, Enzymes, In dosage form, Either singly or in combination, None of the aforesaid goods being for the improvement of oral flora.
The mark was filed in class 29 with Dietetic foodstuffs, non for medical purposes, Based on the following goods, White eggs, Fats, Fatty acids, Mainly consisting of the following goods, Meat, Fish, not live, Poultry, Game, not live, Eggs, Milk, Milk products, Processed fruits and vegetables, With the following goods added, Vitamins, Minerals, Trace minerals, Enzymes, Fatty acids, Dietary fiber, Amino acids, Individually or in combination, in International Class29, None of the aforesaid goods being for the improvement of oral flora.