The trademark SPIDILAX was filed by Neilos, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 20, 2021, and received one opposition filed on September 20, 2021 by ZAMBON S.p.A. on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Herbert Smith Freehills Studio Legale
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Laxatives
Dietary supplements for human beings to aid digestion and for use as laxatives
Nutritional supplements and dietetic preparations, laxatives and dietary supplements for human beings to aid digestion and for use as laxatives
Pharmaceutical preparations and substances for the treatment of gastrointestinal disorders and diseases
Probiotic preparations for medical use to help maintain a natural balance of flora in the digestive system
Enema preparations.
The mark was filed in class 35 with following description of goods:
Retail services, Online wholesale services, Online sale in relation the following goods: Dietary supplements for human beings to aid digestion and for use as laxatives, nutritional supplements and dietetic preparations, laxatives and dietary supplements for human beings to aid digestion and for use as laxatives, pharmaceutical preparations and substances for the treatment of gastrointestinal disorders and diseases
Retail services, Online wholesale services, Online sale in relation the following goods: Probiotic preparations for medical use to help maintain a natural balance of flora in the digestive system as well as enema preparations
Advertising
Distribution of advertising, marketing and promotional material.