The trademark TINA-AQUA was filed by Null ESTA KRYSTYNA JARAWSKA, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on January 19, 2021, and received one opposition filed on April 19, 2021 by Ty Nant Spring Water Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by AKRAN INTELLECTUAL PROPERTY SRL and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 19, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003144860 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:
Micellar water
Room scenting sprays
Mineral water sprays for cosmetic purposes
Spray cleaners for household use.
The mark was filed in class 5 with following description of goods:
Air deodorising and air purifying preparations
Toilet deodorants
Shoe deodorizers
Carpet deodorizers
Deodorisers for litter trays
Deodorizers for garbage disposals
Automobile deodorizers
Deodorants for upholstery
Sanitary preparations and articles
Medicated and sanitising soaps and detergents
Absorbent articles for personal hygiene
Disinfectants and antiseptics
Antibacterial clay preparations
First-aid boxes, filled
Mud for baths
Antimicrobial clay
Pharmaceuticals and natural remedies
Medical dressings, coverings and applicators
Antiseptic liquid bandages
Surgical bandages
Bandages for the oral cavity
Bandages for making casts
Bandages for skin wounds
Bandages for the prevention of blisters
Elastic bandages [dressings]
Diagnostic preparations and materials
Cooling sprays for medical purposes
Rubbing alcohol
Alcohol for pharmaceutical purposes
Dietary supplements and dietetic preparations
Dietary supplements for animals
Dietetic food adapted for veterinary use
Dietetic substances adapted for veterinary use
Medical foodstuff additives for veterinary use
Complementary feed
Mineral dietary supplements for animals
Medicated animal feed
Neutraceutical preparations for animals
Infant formula
Dietetic foods adapted for infants
Beverages for infants
Lactose free infant's formula
Food preparations for babies and infants
Albuminous foodstuffs for medical purposes
Albumin dietary supplements
Protein supplements for animals
Dietary fibre
Nutritional supplement meal replacement bars for boosting energy
Medicated wines
Tonics [medicines]
Medicated shampoos
Medicated lotions
Medicated plasters
Medicinal ointments
Medicated creams
Medicated swabs
Medicated compresses
Medicinal sprays
Medicinal roots
Medicinal infusions
Medicinal herbs
Medicinal oils
Medicated soap
Impregnated medicated swabs
Mineral drinks (Medicated -)
Medicated lozenges
Medicated body powder
Medicated baby oils
Medicated throat sprays
Foot balms (Medicated -)
Creams (Medicated -) for the feet
Body creams [medicated]
Creams (Medicated -) for the lips
Medicated lip balm
Medicated baby powders
Tisanes [medicated beverages]
Bath preparations for medical purposes
Medicated food supplements
Babies' creams [medicated]
Face scrubs (Medicated -)
Skin tonics [medicated]
Medicated skin creams
Sarsaparilla for medical purposes
Medicated dry shampoos
Medicated toiletry preparations
Medicinal herb infusions
Mineral waters for medical purposes
Demineralised water for medical purposes
Vitamin drinks
Dietary supplemental drinks
Medicinal drinks
Electrolyte drinks for medical purposes
Herbal beverages for medicinal use
Dietetic beverages for babies adapted for medical purposes
Dietetic beverages adapted for medical purposes
Electrolyte replacement beverages for medical purposes
Vitamin fortified beverages for medical purposes
Malted milk beverages for medical purposes
Diabetic fruit juice beverages adapted for medical purposes
Melissa water for pharmaceutical purposes
Lead water
Hydrogen peroxide for medical purposes
Substances in tablet form for use in the sterilisation of water
Anti-allergy sprays
Antibacterial sprays
Anti-inflammatory sprays
Anti-insect spray
Air deodoriser sprays
Medicated nasal spray preparations
Nasal sprays for medical purposes
Nasal spray for the treatment of allergies
Herbal sprays for medical use
Air freshener sprays
Liquid bandage sprays
Deodorising room sprays
Medicated mouth spray
Antiseptic sprays in aerosol form for use on the skin
Mouth sprays for medical use
Decongestant nasal sprays
Antiseptic sprays in aerosol form for use on hard surfaces
Dietary supplements for infants
Food for babies
Dietetic substances for babies
Food for babies and infants
Dietetic preparations for children
Talcum powder (Medicated -) for babies.
The mark was filed in class 32 with following description of goods:
Non-alcoholic preparations for making beverages
Non-alcoholic fruit extracts used in the preparation of beverages
Hop extracts for use in the preparation of beverages
Extracts of unfermented must
Essences for making beverages
Soft drinks
Flavoured carbonated beverages
Non-alcoholic flavored carbonated beverages
Carbonated non-alcoholic drinks
Non-alcoholic soda beverages flavoured with tea
Low-calorie soft drinks
Dry ginger ale
Cola
Bitter lemon
Juices
Non-alcoholic fruit extracts
Aerated fruit juices
Fruit juice concentrates
Mixed fruit juice
Must
Iced fruit beverages
Fruit-flavoured beverages
Nut and soy based beverages
Soya-based beverages, other than milk substitutes
Waters
Carbonated mineral water
Functional water-based beverages
Water-based beverages containing tea extracts
Purified drinking water
Flavoured mineral water
Tonic water [non-medicated beverages]
Waters [beverages]
Beer and brewery products
Barley wine [beer]
Beer wort
Malt wort
Black beer [toasted-malt beer]
Beer-based cocktails
Imitation beer
IPA (Indian Pale Ale)
Aerated water
Mineral water [beverages]
Mineral water (Non-medicated -)
Mineral and aerated waters
Fruit flavoured waters
Preparations for making aerated water
Powders used in the preparation of coconut water drinks