The trademark Tomy Cosmetics was filed by Tomy Cosmetics Ltd, a corporation established under the laws of the Republic of Bulgaria (the "Applicant"). The application was published for oppositions on October 27, 2020, and received one opposition filed on January 18, 2021 by Tommy Hilfiger Licensing B.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CHIEVER BV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 18, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003139287 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 20, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Diagnostic preparations and materials
Live organs and tissues for surgical purpose
Medical dressings, coverings and applicators
Activated charcoal for adsorption of toxins for medical purposes
Adhesives for affixing prostheses
Animal semen for artificial insemination
Animal sperm
Antibiotics for fish
Antipyretic preparations
Arsenic detoxification agents for medical purposes
Attractants for pet animals
Bacterial poisons
Bacterial preparations for medical and veterinary use
Bacterial preparations for medical purposes
Bacterial preparations for veterinary purposes
Bacteriological preparations for medical purposes
Bacteriological preparations for veterinary purposes
Benzol detoxification agents for medical purposes
Biological indicators for monitoring sterilization processes for medical or veterinary purposes
Biological preparations for medical purposes
Biological preparations for veterinary purposes
Biological tissue cultures for medical purposes
Biological tissue cultures for veterinary purposes
Blood components
Blood for medical purposes
Blood plasma
Blood protein fractions
Blood substitutes
Bone cement for medical purposes
Bone cement for surgical and orthopaedic purposes
Bone cements for orthopaedic purposes
Bone cements for surgical purposes
Bone growth media consisting of biological materials for medical purposes
Capsules sold empty for pharmaceuticals
Cardiovascular agents for medical purposes
Castor oil as a coating for pharmaceuticals
Cell growth media for growing cells for medical use
Cellular function activating agents for medical purposes
Cellulose esters for pharmaceutical purposes
Cellulose ethers for pharmaceutical purposes
Cement for animal hooves
Chemical contraceptive sponges
Chemical contraceptives
Chlorine detoxification agents for medical purposes
Chromatographic supports for medical use
Contraceptive foams
Contraceptive sponges
Cord blood
Cord blood for medical purposes
Dextrins for pharmaceutical use
Diagnostic radiopharmaceutical preparations
Drug delivery agents in the form of coatings for tablets that facilitate the delivery of pharmaceutical preparations
Drug delivery agents in the form of dissolvable films that facilitate the delivery of pharmaceutical preparations
Drug delivery agents in the form of edible wafers for wrapping powdered pharmaceuticals
Drug delivery agents that facilitate the delivery of pharmaceutical preparations
Enema preparations
Enzyme preparations for medical purposes
Enzyme preparations for veterinary purposes
Enzymes for medical purposes
Enzymes for veterinary purposes
Eye drops
Feeding stimulants for animals
First aid kits for domestic use
First-aid boxes, filled
Gas mixtures for medical use
Gases and gas mixtures for medical imaging use
Gases for medical purposes
Gravel as a digestive aid for birds
Haemoglobin
Headache relief sticks
Intravenous fluids used for rehydration, nutrition and the delivery of pharmaceutical preparations
Isotopes for medical purposes
Leeches for medical purposes
Liquid bandage sprays
Living cells for veterinary use
Lubricants for surgical purposes
Marine antifoulants
Materials for surgical casts
Medical adhesives for binding internal tissue
Medical adhesives for binding wounds
Microbicides
Milk sugar for medical purposes [lactose]
Nucleic acid sequences for medical and veterinary purposes
Oiled paper for medical purposes
Oral vaccine preparations
Organotherapeutics
Oxygen cylinders, filled, for medical purposes
Oxygen for medical purposes
Pain relief medication for veterinary purposes
Paracetamol modified release preparations
Paracetamol preparations for intravenous administration
Paracetamol preparations for oral administration
Pharmaceutical preparations containing stem cells
Pheromones
Portable first-aid kits
Radiation sickness treating agents
Radio-isotope markers for therapeutic or diagnostic use
Radioactive elements for medical use
Radioactive substances for medical purposes
Radiotherapeutic hormones
Radium for medical purposes
Reagents for medical use
Reagents for use in medical genetic testing
Reagents for use in veterinary genetic testing
Reconstituted cells for clinical treatments for skin care
Reconstituted cells for medical treatments for skin care
Saline solution for sinus and nasal irrigation
Sealed radioactive substances for medical use
Semen for artificial insemination
Solid oxygen for medical use
Solidified gases for medical purposes
Stem cells for medical purposes
Stem cells for veterinary purposes
Strengthening supplements containing parapharmaceutical preparations for prophylactic purposes and for convalescents
Surgical cements
Surgical dyes
Surgical glues
Tobacco-free cigarettes for medical purposes
Trypsins for medical purposes
Tryptophane preparations
Urease for medical purposes
Vaccines
Vaccines for human use
Vascular grafts [living tissue].
The mark was filed in class 44 with following description of goods:
Agriculture, aquaculture, horticulture and forestry services