The trademark L’AMARA was filed by Nature's Sunshine Products, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on March 21, 2021, and received one opposition filed on June 21, 2021 by Laverana GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 21, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on November 30, 2021. Appointment and Replacement of representative of the trademark registration was recorded on August 7, 2023.
The Appeal with reference B R2134/2022-4 was Application rejected according to Article 8(1)(b) EUTMR with decision issued on July 23, 2023 by the EUIPO. The Opposition with reference B 003149228 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 16, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated skin care preparations, namely, creams, lotions, gels, toners, cleaners and moisturizers
Non-medicated personal care products, namely, hand and body soaps, hand and body creams, hand and body lotions
Non-medicated soaps
Hair care products, namely, shampoos, conditioners and hair nourishers
Essential oils used as a skin emollient and skin moisturizer
Massage oils and massage lotions
Toothpaste
Non-medicated anti-aging creams and non-medicated anti-aging serums
Breath freshening preparations for personal hygiene in the form of tablets and oils
Substances and preparations for aromatherapy, namely, essential oils.
The mark was filed in class 5 with following description of goods:
Nutritional supplements, namely, herbal supplement preparations and combinations in the forms of capsules, tablets, and powders
Herbal supplements in the nature of herb extract liquids and powders
Herbal dietary supplements made of capsuled herbs and herbal combinations
Supplemental vitamins and minerals and trace mineral supplements
Trace mineral supplements suspended in liquid and liquid chlorophyll
Dietary supplement beverage concentrates for promoting weight control and dietary supplement tablets
Powdered nutritional supplement drink mixes
Dietary and nutritional supplements for weight loss
Nutritional supplements for eliminating toxins from the body
Meal replacement and dietary supplement drink mixes
Nutritional drink mix for use as a meal replacement
Nutritional shakes for use as a meal substitute
Probiotic supplements
Non-medicated homeopathic medicines and supplement preparations for treating various ailments in particular aches and pains, sunburn, cuts and abrasions
Herbal skin discomfort cream
And powdered protein supplements, vitamins and minerals supplements for making beverages.