The trademark SIWAK was filed by Jiří Bartyzal, a national of the Czech Republic (the "Applicant"). The application was published for oppositions on January 3, 2022, and received one opposition filed on April 3, 2022 by SIWAX SPECIALTIES GROUP, S.L. on Likelihood of confusion. the opponent was represented by PONS IP, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 3, 2022
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018388681 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on September 7, 2021 by the EUIPO. The Opposition with reference B 003167290 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 18, 2023 by the EUIPO.
The application claimed as seniority of the Czech Republic trademark 516089 registered on July 7, 2015 and filed on August 31, 2014 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Cosmetics for use on the skin
Cosmetics for the use on the hair
Beauty care cosmetics
Functional cosmetics
Natural cosmetics
Cosmetic kits
Perfumes
Perfumery, essential oils
Perfumery and fragrances
Body cleaning and beauty care preparations
Breath freshening preparations for personal hygiene
Soap
Toothpaste
Oral hygiene preparations
Tooth gel
Dental bleaching gels
Bleaching preparations
Tooth polish.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Veterinary preparations
Sanitary preparations and articles
Dietetic substances adapted for medical use
Herbal supplements
Dietary supplements and dietetic preparations
Antimicrobial mouthwashes
Antiseptic mouthwashes
Medicated mouth treatment preparations
Medicated brush-on oral care gels
Medicated toothpaste
Medicated dental rinses
Mouth cavity cleansers
Oral care preparations [medicated]
Mouthwashes for medical purposes
Dental rinse
Medicated dentifrices
Dental preparations for disclosing plaque
Dental restoration compounds
Anti-bacterial preparations
Disinfectants
Medicated creams
Medicinal ointments
Medicinal sprays
Chewing gum for medical purposes.
The mark was filed in class 21 with following description of goods:
Toothbrushes, electric
Heads for electric toothbrushes
Material for brush-making
Toothpicks of wood
Medicated dental floss
Toothpicks
Floss for dental purposes
Flavored toothpicks.
The mark was filed in class 30 with following description of goods:
Sweets (candy), candy bars and chewing gum
Sweetmeats [candy]
Bonbons made of sugar
Sweetmeats [candy] being flavoured with fruit
Confectionery
Lollipops
Liquorice [confectionery]
Acid drops [confectionery]
Gum sweets (Non-medicated -)
Gum sweets
Sweetmeats [candy] containing fruit
Lozenges [confectionery]
Fruit gums [other than for medical use]
Stick liquorice [confectionery]
Clear gums [confectionery]
Gelatin-based chewy candies
Chewing candy
Chewing gum
Chewing sweets (Non-medicated -) having liquid fruit fillings