The trademark WELLMAX was filed by Jiří Votava, a national of the Czech Republic (the "Applicant"). The application was published for oppositions on May 31, 2021, and received one opposition filed on August 23, 2021 by WM BEAUTYSYSTEMS AG & Co. KG on Likelihood of confusion. the opponent was represented by CBH RECHTSANWÄLTE CORNELIUS BARTENBACH HAESEMANN & PARTNER PARTNERSCHAFT VON RECHTSANWÄLTEN MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 23, 2021
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003153343 was refused according to Article 8(1)(b) EUTMR with decision issued on November 15, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Make up foundations
Cosmetics for use on the skin
Non-medicated cosmetics
Cosmetics for the use on the hair
Concealers
Beauty care cosmetics
Tonics [cosmetic]
Decorative cosmetics
Functional cosmetics
Natural cosmetics
Organic cosmetics
Colour cosmetics
Skin masks [cosmetics]
Cosmetic preparations for eyelashes
Facial masks
Self-tanning preparations [cosmetics]
Sun bronzers
Moisturising preparations
Liners [cosmetics] for the eyes
Tanning milks [cosmetics]
Facial scrubs [cosmetic]
Lip cosmetics
Cosmetics containing keratin
Cosmetics containing panthenol
Cosmetics in the form of oils
Cosmetics in the form of powders
Colour cosmetics for the eyes
Moisturising body lotion [cosmetic]
Cosmetics and cosmetic preparations
Lip stains [cosmetics]
Cosmetics for the treatment of dry skin
Cosmetic preparations for skin care
Cosmetics in the form of eye shadow
Cosmetic kits
Nail cosmetics
Cosmetics in the form of rouge
Sun protectors for lips
Anti-aging moisturizers used as cosmetics.
The mark was filed in class 11 with following description of goods:
Sauna bath installations
Steam baths, saunas and spas
Saunas (Apparatus for heating -)
Sauna rocks
Sauna apparatus
Saunas.
The mark was filed in class 35 with following description of goods:
Retail services in relation to hygienic implements for humans
Retail services in relation to beauty implements for humans
Retail services in relation to dietary supplements
Retail services in relation to hair products
Mail order retail services for cosmetics
Online retail services relating to cosmetics
Online retail store services relating to cosmetic and beauty products
Wholesale services in relation to hygienic implements for humans
Wholesale services in relation to beauty implements for humans
Wholesale services in relation to dietary supplements.
The mark was filed in class 44 with following description of goods:
Health spa services for health and wellness of the body and spirit
Sauna services
Services for the provision of sauna facilities
Cosmetic treatment
Providing public bath facilities
Providing bath houses
Beauty salon services
Services for the provision of solarium facilities.