The trademark LOTOXX was filed by EOXX GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 5, 2021, and received one opposition filed on August 5, 2021 by ALLERGAN, INC. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HARMSEN UTESCHER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 5, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on June 15, 2021.
Goods And Services
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Nutritional supplements
Dietary and nutritional supplements
Dietary supplements and dietetic preparations
Dietetic preparations adapted for medical use
Dietetic foods for use in clinical nutrition
Health food supplements for persons with special dietary requirements
Dietary supplemental drinks
Mineral food supplements
Nutraceuticals for use as a dietary supplement
Protein dietary supplements
Food for babies
Food for diabetics
Mineral dietary supplements for humans
Liquid nutritional supplements
Meal replacement beverage mixtures for medical purposes and beverage mixtures in the form of dietetic supplements
Nutraceuticals for use as a dietary supplement.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Office functions
Wholesaling services, Retail services, in relation the following goods, Nutritional supplements, Nutritional supplements, food supplements for dietetic use, Dietetic preparations and nutritional supplements, Dietetic preparations and substances for medical use, Dietetic foodstuffs for clinical nutrition, Health food supplements for persons on special diets, Nutritional supplements, Beverages (dietary supplements), Nutritional supplements, Mineral nutritional supplements
Wholesaling services, Retail services, in relation the following goods, Functional food for use as food supplements, Protein dietary supplements, Food for babies, food for diabetics, Mineral dietary supplements for humans, dietary supplements in liquid form, meal replacement drink mixes for medical purposes and dietary supplement drink mixes, Functional food for use as food supplements.