The trademark wellU was filed by WellU Swiss Group GmbH, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on May 5, 2021, and received one opposition filed on August 4, 2021 by Laozi Limited on Likelihood of confusion. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 4, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 35 with following description of goods:
Business organisation services and business operations services
Industrial and/or commercial business organisation and management
Business management and administration, including industrial and/or commercial businesses
Business inquiries
Marketing studies
Opinion polling
Business research
Marketing research
Business investigations
Advertising, marketing and sales promotion via radio, television, the press and computer networks
Advertising, marketing and sales promotion by means of billboards, posters, neon signs, flags and banners
Advertising, marketing, sales promotion and providing of commercial, business, advertising and marketing information via websites and social media
Public relations services
Promotion relating to the following fields: healthy diet, nutrition, healthy lifestyle and cosmetic treatments
Organisation, management and operation of shows and presentations of goods and services in relation to the following fields: healthy diet, healthy lifestyle and cosmetic treatments
Editing and publication of advertising and publicity texts
Direct mail advertising
Arranging and conducting of exhibitions, festivals, trade fairs, demonstrations, lotteries, competitions and contests for advertising and promotional purposes
Wholesaling, retailing and online sale of the following goods: collagen used as a raw ingredient in the making of cosmetics, collagen based ingredients for cosmetic preparations and collagen preparations for cosmetic purposes
Wholesaling, retailing and online sale of the following goods: cosmetics, non-medicated cosmetics, cosmetic preparations, body care products, cosmetics in the form of creams, cosmetics in the form of lotions, cosmetics for use on the skin, cosmetic preparations for skin care, skin-care creams, lotions for the care of skin
Wholesaling, retailing and online sale of the following goods: facial lotions, liquid face wash, skin balms, body lotions, face and body creams, moisturising masks for the skin, cosmetic moisturisers, aftershave moisturising cream
Wholesaling, retailing and online sale of the following goods: make-up, colour cosmetics, eyelash and eyebrow cosmetics, makeup, including the following goods: fluids and make-up foundation, cheek stain, cosmetic powder, eye shades, eyeliner pencils, eyebrow pencils, lipstick, lip gloss, mascara, make-up pencils
Wholesaling, retailing and online sale of the following goods: nail varnish, gel polish, protection, care and beauty preparations for the face, body, hands and feet, lips and nails, hair washing, styling, care, beauty and dyeing preparations, serums for cosmetic purposes, oils and ointments with a cosmetic effect, essential oils, aromatic extracts, perfumery and essential oil
Wholesaling, retailing and online sale of the following goods: Soaps and Washing preparations, Oral hygiene and dental care preparations and products, dentifrices, tooth polishes, tooth whitening preparations and/or dental care preparations, including the following goods: Preparations, washes, toothpastes, creams, powders and gels, strips impregnated with dentifrices, tooth polishes, tooth whitening preparations and/or dental care preparations
Wholesaling, retailing and online sale of the following goods: Dentifrices, tooth polishes, tooth whitening preparations and/or dental care preparations for chewing or in the form of chewing gum, preparations for cleaning dentures, Dental care preparations for animals, Oral hygiene and dental care product sets, Mouthwashes, Mouth sprays and Breath fresheners
Wholesaling, retailing and online sale of the following goods: vitamin preparations, mineral preparations and supplements for food not for medical, medicinal or health care purposes and dietary food for weight loss
Wholesaling, retailing and online sale of the following goods: Meal replacement and nutritional supplement bars and Food for babies
Wholesaling, retailing and online sale of the following goods: oils and ointments with a cosmetic effect, skincare cosmetics, materials for filling teeth, dental wax, sanitary articles, disinfectants, disinfectants, pesticides, insecticides and fungicides
Wholesaling, retailing and online sale of the following goods: healthy diet, healthy lifestyle and beauty care goods, namely the following goods: gymnastic and sporting articles and equipment, beauty care articles and instruments, dishware and cutlery.
The mark was filed in class 41 with following description of goods:
Educational activities
Arranging, conducting and handling educational activities, including correspondence and online activities, relating to healthy diet, healthy lifestyle and beauty care
Arranging, conducting and handling of, including correspondence and online, conferences, congresses, seminars, symposiums, colloquiums, training and educational competitions
Organisation of health clubs and health club services
Arranging and conducting of educational shows in relation to the following fields: healthy diet, healthy lifestyle and salon services
Providing leisure and recreation facilities
Arranging of sporting and recreational competitions and events
Sport camp services and Arranging of recreational camps
Rental of sporting equipment, except vehicles
Publishing services, including online publishing, relating to the following goods: publication of books, periodicals, leaflets and information brochures, instructional materials and teaching materials, including in particular in the field of healthy diet, healthy lifestyle and beauty care
Dietary education services
Arranging, conducting and handling of instructional courses relating to weight loss
Information advisory and consultancy services relating to all the aforesaid services.
The mark was filed in class 44 with following description of goods:
Therapy services
Animal healthcare services
Dermatological services
Aesthetic medicine services
Cosmetic and plastic surgery services
Dental services
Physiotherapy, Aromatherapy, Cosmetology services and Trichology
Massage services
Human hygiene and beauty care
Hygienic and beauty care services for animals
Beauty salon services
Hairdressing
Spas, dietetic services
Weight reduction services
Weight reduction diet planning and supervision
Diagnostic testing, Diagnostic analysis, Genetic tests and genetic screening
Advising in relation to the following fields: Therapy, Veterinary sector, Surgery, Dermatology, Cosmetology, Trichology, Physiotherapy, Aromatherapy services and Dentistry
Consultancy relating to hygiene and beauty care for humans and animals
Consultancy and information services relating to all of the aforementioned.