The trademark oxeye was filed by NATUREMED PTY LTD, a corporation established under the laws of the Commonwealth of Australia (the "Applicant"). The application was published for oppositions on June 1, 2021, and received one opposition filed on September 1, 2021 by MEIJI PHARMA SPAIN, S.A. on Likelihood of confusion. the opponent was represented by RYO RODRIGUEZ OCA, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 1, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
A transfer of the trademark registration was recorded on January 12, 2023.
Goods And Services
The mark was filed in class 3 with following description of goods:
Eye-washes, not for medical purposes
Eyeglass lens cleaning solutions
Gel eye patches for cosmetic purposes
Anti-wrinkle cream
Eyeshadow
Baby wipes impregnated with cleaning preparations
Cleansers for intimate personal hygiene purposes, non medicated
Cloths impregnated with a detergent for cleaning
Double eyelid tapes
Eye cream
Eye makeup
Eye makeup remover
Eye lotions
Cosmetic creams for firming skin around eyes
Paper hand towels impregnated with cleaning agents
Cosmetics
Breath freshening preparations for personal hygiene
Air fragrancing preparations.
The mark was filed in class 5 with following description of goods:
Medicated eye-washes
Collyrium
Lotions for pharmaceutical purposes
Solutions for contact lenses
Solutions for use with contact lenses
Contact lens solutions
Eyepatches for medical purposes
Vitamin preparations
Tonics [medicines]
Dietary fibre
Dietary fiber
Nutritional supplements
Capsules for medicines
Pharmaceutical preparations
Mineral food supplements
Moist paper hand towels impregnated with a pharmaceutical lotion.
The mark was filed in class 10 with following description of goods:
Ophthalmometers
Ophthalmoscopes
Ophthalmic apparatus
Vibromassage apparatus
Massage apparatus for eyes
Eye testing apparatus
Massage apparatus
Medical apparatus and instruments
Lasers for medical purposes
Galvanic therapeutic appliances
Face masks for medical use
Feeding bottles.
The mark was filed in class 30 with following description of goods:
Coffee-based beverages
Tea
Tea-based beverages
Fondants [confectionery]
Sweets
Sugar
Golden syrup
Cookies
Cakes
Noodles
Cereal-based snack food
Condiments
Aromatic preparations for food
Mint for confectionery
Flavourings, other than essential oils, for beverages
Flavorings, other than essential oils, for beverages.