The trademark ASTORIA was filed by Bausch Health Ireland Limited, a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on June 3, 2021, and received one opposition filed on August 17, 2021 by TERAPIA S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 17, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 3 with Non-medicated dermatologic substances and preparations, namely, moisturizers, creams, powders, gels, solutions, shampoos, sprays, swabs, washes, ointments and Non-medicated oral health substances preparations in the form of powders, creams, rinses for the treatment of periodontitis, mouth dryness, cold sores, mouth ulcers..
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations and substances for diagnosis and treatment of oral disease, namely, periodontitis, oral mucositis and bone and soft tissue regeneration
Dental rinse for oral health
Medicated pharmaceutical preparations and substances for the treatment and prevention of gastrointestinal diseases and disorders in humans including constipation, hepatic encephalopathy, irritable bowel syndrome, opioid-induced constipation and ulcerative colitis
Medicated beverages, powders, and gels for colonoscopies and endoscopic procedures
Pharmaceutical preparations and substances to prevent and treat diabetes mellitus, epilepsy, migraines, anxiety and depression, chronic pain, headaches, psychiatric disorders, and rare diseases such as Wilson and Huntington's disease, diabetes mellitus, cardiovascular/angina, hyperammonemia, hormone deficiencies (endocrinology), cancer, otolaryngology, and urinary tract, lungs, heart infections and diseases, central nervous system disorders, neuromuscular conditions, vaginal disorders
Pharmaceutical preparations for treating allergic rhinitis and asthma
Pharmaceutical preparations and substances for the treatment of skin and nail conditions, namely, acne, psoriasis, onychomycosis, tinea pedis, actinic keratosis, rosacea and other dermatoses, fungal infections
Vitamins and mineral supplements
Topical antibiotics to treat atopic dermatitis, actinic keratosis, acne, rosacea, psoriasis, athlete's foot, nail fungus and other skin ailments, conditions and dermatoses.
The mark was filed in class 10 with following description of goods:
Radio frequency medical devices for contracting skin, body sculpting, and soft tissue reconstruction in a non-invasive manner
Medical devices for aesthetic and therapeutic applications for the skin and its subcutaneous structures, namely, a device for delivering energy to the skin and its underlying tissues
Lasers and radio frequency devices for medical and aesthetic treatment
Medical devices, namely medical instruments designed for the non-invasive removal of human body fat using an external energy source.