The trademark ATOPYK NATURAL CARE CBD was filed by Atopyk.CBD, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on May 25, 2021, and received one opposition filed on July 20, 2021 by FORMDIET, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Ungría López, Javier
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003151230 was refused according to Article 8(1)(a) EUTMR with decision issued on August 30, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Essential oils and aromatic extracts
Toiletries
Perfumery and fragrances
Body cleaning and beauty care preparations
Oils for toilet purposes
Oils for cosmetic purposes
Massage oils and lotions
Seaweed for cosmetology
Cosmetics
Balms, other than for medical purposes
Massage waxes
Natural cosmetics
Organic cosmetics
Cosmetics and cosmetic preparations
Massage creams, not medicated
Massage gels, other than for medical purposes
Perfumed lotions [toilet preparations]
Facial preparations
Ointments for cosmetic use.
The mark was filed in class 35 with following description of goods:
Sales administration
Procuring of contracts for the purchase and sale of goods
Procurement of goods on behalf of other businesses
Purchasing of goods and services for other businesses
Commercial information and advice for consumers [consumer advice shop]
Negotiation of contracts relating to the purchase and sale of goods
Procurement of contracts for the purchase and sale of goods and services
Administrative processing of computerized purchase orders