The trademark EasyNight was filed by Wellster Healthtech Group GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 13, 2021, and received one opposition filed on April 13, 2021 by Easypharm OTC GmbH on Likelihood of confusion. the opponent was represented by HÄUPL & ELLMEYER KG, PATENTANWALTSKANZLEI and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 13, 2021
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 address of the trademark registration was recorded on May 4, 2023.
The Appeal with reference B R1516/2022-5 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on February 27, 2023 by the EUIPO. The Opposition with reference B 003144442 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 15, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Essential oils of cedarwood
Breath freshening sprays
Plant flavourings
Lavender water
Lavender oil
Skin, eye and nail care preparations
Cosmetic preparations for baths
Oral hygiene preparations
Anti-ageing serum
Bath salts, not for medical purposes
Perfumery and fragrances
Deodorants and antiperspirants
Toiletries
Perfumery, essential oils
Cleansing milk for toilet purposes
Essential oils of lemon
Joss sticks
Bath preparations
Beauty masks
Hair preparations and treatments
Shampoos
Fumigation preparations [perfumes]
Jasmine oil
Breath freshening strips
Cosmetics
Rose oil
Perfumes
Make-up
Soaps and gels
Heliotropine
Sachets for perfuming linen
Oils for cosmetic purposes
Essential oils and aromatic extracts
Massage gels, other than for medical purposes
Scented wood
Lotions for cosmetic purposes
Hair removal and shaving preparations
Eau de Cologne
Scented water
Balms, other than for medical purposes
Cosmetics
Ionone [perfumery]
Body cleaning and beauty care preparations
Anti-aging skincare preparations.
The mark was filed in class 5 with following description of goods:
Diagnostic preparations for medical purposes and Diagnostic materials
Articles for headache
Pastilles for pharmaceutical purposes
Dietary supplements and dietetic preparations
Antiseptics
Vaccines
Chemical preparations for medical purposes
Remedies for perspiration
Biological preparations for medical purposes
Absorbent articles for personal hygiene
Medicinal herbs
Soporifics
Ointments for pharmaceutical purposes
Disinfectants and antiseptics
Chewing gum for medical purposes
Dressings, medical, Sanitary wear
Tanning pills
Aloe vera preparations for pharmaceutical purposes
Appetite suppressants for medical purposes
Medicinal drinks
Antibiotics
Medicinal tea
Fumigating sticks
Medicine cases, portable, filled
Nervines
Capsules for medicines
Balsamic preparations for medical purposes
Hormones for medical purposes
Herbal teas for medicinal purposes
Medicated and sanitising soaps and detergents
Balms for medical purposes
Lotions for pharmaceutical purposes
Appetite suppressant pills
Smelling salts
Infant formula
Personal sexual lubricants
Dental preparations and articles, and medicated dentifrices
Therapeutic preparations for the bath
Coverings and applicators
Medicines for human purposes
Analgesics
Dietetic beverages adapted for medical purposes
Smoking herbs for medical purposes
Bath salts for medical purposes
Diagnostic agents for medical use
Dietetic foods adapted for medical purposes
Magnesia for pharmaceutical purposes
Chemical contraceptives
Chemical preparations for pharmaceutical purposes
Sedatives
Preparations for hygiene and Sanitary articles
Pharmaceuticals, medical preparations
Candy, medicated
Dietetic substances adapted for medical use
Pharmaceuticals and natural remedies
Medicines for alleviating constipation
Headache pencils
Bath preparations for medical purposes
Fumigation preparations for medical purposes
Mouthwashes for medical purposes
Linseed for pharmaceutical purposes.
The mark was filed in class 9 with following description of goods:
Corrective eyewear
Virtual and augmented reality software
Software
Media and publishing software
Sensors, Detectors and monitoring instruments and monitoring apparatus
Recorded content
Databases
Computer programs [recorded, downloadable]
Temperature measurement instruments and Temperature measuring apparatus
Measuring equipment and measurement apparatus
Measuring, detecting, monitoring and controlling devices
Dimensional measuring instruments and Size measuring apparatus
Interfaces for computers
Artificial intelligence and machine learning software
Weight measuring instruments and Weight measuring apparatus
Time-measuring instruments and Chronometric apparatus [except clocks]
Optical devices, enhancers and correctors
Glasses, sunglasses and contact lenses
Application software
Data loggers and recorders
Media content.
The mark was filed in class 44 with following description of goods:
Preparation of prescriptions by pharmacists
Rental of equipment for human hygiene and beauty care