The trademark Biomin was filed by Ulas Hazar, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 14, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on September 13, 2021 by Merz Pharma GmbH & Co. KGaA on Likelihood of confusion. the opponent was represented by BALDER IP LAW, S.L. and its proceedings were handled in German
The second opposition filed on August 23, 2021 by biosyn Arzneimittel GmbH on Likelihood of confusion. the opponent was represented by MAIKOWSKI & NINNEMANN PATENTANWÄLTE PARTNERSCHAFT MBB and its proceedings were handled in German
The third opposition filed on July 22, 2021 by DSM Austria GmbH on Identity of marks and G&S. the opponent was represented by Cunow, Gerda and its proceedings were handled in German
The fourth opposition filed on July 7, 2021 by BIOMIN Pharma GmbH on Likelihood of confusion. the opponent was represented by CHARRIER RAPP & LIEBAU PATENTANWÄLTE PARTG MBB and its proceedings were handled in German
It was designated 'Basic Application' for International Application 1624157 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on December 15, 2021. Deletion of the representative of the trademark registration was recorded on September 3, 2023. Change of name and address of the trademark registration was recorded on July 1, 2024.
The Opposition with reference B 003151315 was rejected according to Article 8(1)(a) EUTMR with decision issued on May 23, 2024 by the EUIPO. The Opposition with reference B 003153347 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 28, 2023 by the EUIPO. The Opposition with reference B 003154723 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 23, 2024 by the EUIPO. The Appeal with reference B R1455/2024-2 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on January 19, 2025 by the EUIPO.
The application claimed as seniority of the Federal Republic of Germany trademark 3020212028361 and filed on January 17, 2021 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Body cleaning and beauty care preparations
Perfumery and fragrances
Organic cosmetics
Seaweed for cosmetology
Cosmetic preparations for body care
Facial preparations
Cosmetics and cosmetic preparations
Baby care products (Non-medicated -)
Non-medicated toiletry preparations
Natural cosmetics
Non-medicated cosmetics and toiletry preparations
Cosmetics for personal use
Non-medicated cosmetics
Perfumes
Toilet water
Make-up
Make-up preparations
Shampoos
Shampoo bars
Soap
Skin care preparations
Skin cleansers
Cosmetic preparations for skin care
Skin cleansers [cosmetic]
Skin, eye and nail care preparations
Skin conditioning creams for cosmetic purposes
Anti-aging skincare preparations
Eye care products, non-medicated
Face and body creams
Beauty care cosmetics
Facial care preparations
Facial washes [cosmetic]
Non-medicated face care preparations
Shower and bath gel
Sunscreen preparations
Cosmetics for use on the skin
Beauty tonics for application to the face
Slimming aids [cosmetic], other than for medical use.
The mark was filed in class 5 with following description of goods:
Skin care preparations for medical use
Meal replacement powders
Dietary supplemental drinks
Dietary supplements for humans
Vitamins and vitamin preparations
Vitamin supplements
Nutritional supplement meal replacement bars for boosting energy
Liquid vitamin supplements
Food supplements in liquid form
Mineral dietary supplements for humans
Nutritional drink mix for use as a meal replacement
Dietary supplements in powder form
Liquid nutritional supplements
Vitamin and mineral supplements
Multi-vitamin preparations
Protein powder dietary supplements
Protein supplement shakes
Dietary and nutritional supplements
Herbal supplements
All the aforesaid expressly excluding any preparation for animal use, Especially, Not being milking grease for animal grooming and not being dietetic substances adapted for veterinary use.
The mark was filed in class 35 with following description of goods:
Online retail store services relating to cosmetic and beauty products
Online retail services relating to cosmetics
Mail order retail services for cosmetics
Retail services in relation to beauty implements for humans
Wholesale services in relation to beauty implements for humans
Mail order retail services related to non-alcoholic beverages
Wholesale services in relation to non-alcoholic beverages
Retail services in relation to non-alcoholic beverages
Commercial information and advice services for consumers in the field of beauty products
Retail services connected with the sale of subscription boxes containing cosmetics.
The mark was filed in class 44 with following description of goods:
Make-up services
Skin care salons
Beauty care
Beauty consultancy
Beauty salon services
Providing information about beauty
Hygienic and beauty care
Consultancy services relating to beauty
Advisory services relating to beauty treatment
Services of a hair and beauty salon
Human hygiene and beauty care
Cosmetic body care services
Cosmetic treatment for the face
Facial beauty treatment services
Cosmetic treatment services for the body, face and hair
Consultancy services relating to cosmetics
Cosmetic facial and body treatment services
Slimming salon services
Hair styling
Beauty care for human beings
Consultancy in the field of body and beauty care
Consultancy provided via the Internet in the field of body and beauty care