The trademark PHYTUR was filed by Evergreen Pride ltd, a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on May 31, 2021, and received one opposition filed on July 28, 2021 by Beiersdorf AG on Likelihood of confusion. the opponent was represented by BOMHARD IP, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 28, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003151801 was refused according to Article 8(1)(b) EUTMR with decision issued on November 16, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Skincare cosmetics
Skincare preparations
Moisturisers [cosmetics]
Non-medicated skincare preparations
Acne cleansers, cosmetic
Cosmetics
Facial moisturisers [cosmetic]
Cosmetic moisturisers
Skin cleansers [cosmetic]
Facial creams [cosmetics]
Moisturizers
Moisturiser
Moisturisers
Facial cleansers [cosmetic]
Suncare lotions
Cosmetic products in the form of aerosols for skincare