018477858

Inca Botanica

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May 23, 2021

Trademark Summary

The trademark Inca Botanica was filed by Inca Botanica, s.r.o., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on June 22, 2021, and received one opposition filed on September 14, 2021 by Kofola ČeskoSlovensko a.s. on Likelihood of confusion. the opponent was represented by Marn, Jure and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 14, 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 003154784 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 28, 2022 by the EUIPO.

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Goods And Services

• The mark was filed in class 5 with following description of goods:
  
  1. Veterinary pharmaceutical and parapharmaceutical preparations
  2. Vitamin and multi-vitamin preparations
  3. Solid and liquid dietetic supplements and food supplements
  4. Medicinal oils, Medicated creams, Ointments and extracts with medicinal effects
  5. Medicinal herbal syrups
  6. Food supplements with therapeutic effects
  7. Adhesive plasters
  8. Herbal extracts (tinctures) with therapeutic effect
  9. Medicinal herbal drops, Medicinal ointments, Medicated essential oils
  10. Medicated confectionery or pastilles or tablets or lozenges or capsules
  11. Herbal tablets, herbal capsules, balms and creams and ointments for medical purposes
  12. Herbal extracts or syrups for medical purposes
  13. Vitamin and mineral nutrition for medical purposes
  14. Pharmaceutical skin care and hair care preparations
  15. Herbal extracts enhanced with vitamins, mineral substances, trace elements
  16. Herbs, crushed and ground, enhanced with vitamins, mineral substances, trace elements (dietary supplements).
• The mark was filed in class 35 with following description of goods:
  
  1. Demonstration of goods and products for advertising purposes and sales promotion
  2. Publication and dissemination of publicity texts
  3. Direct mail advertising
  4. Organization of exhibitions for commercial or advertising purposes
  5. Advertising
  6. Business administration
  7. Wholesaling and retail and Brokerage services relating to commerce, in relation to the following goods: Cosmetics
  8. Brokerage services relating to commerce, in relation to the following goods: herbal products, pharmacy goods, herbs, tea, confectionery
  9. Providing electronic commerce services, in relation to the following goods: Cosmetics.
• The mark was filed in class 44 with following description of goods:
  
  1. Consultancy, in relation to the following fields: Healthy lifestyle, Nutrition, Diets, Diet, use of natural medicinal resources
  2. Pharmacy advice
  3. Tests, in relation to the following fields: Diet, health status, Lifestyle.