The trademark pilulka was filed by Pilulka Lékárny a.s., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on June 24, 2021, and received one opposition filed on September 13, 2021 by JOSE LUIS DE LA ROSA CASAS, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MARCO & ASOCIADOS PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 13, 2021
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Breath freshening preparations for personal hygiene
Toiletries
Non-medicated cosmetics
Cosmetics for use on the skin
Cosmetics for the use on the hair
Make up foundations
Beauty care cosmetics
Colour cosmetics
Decorative cosmetics
Cosmetic moisturisers
Cleansing milk for toilet purposes
Cosmetic dyes
Depilatory preparations
Nail hardeners [cosmetics]
Skin masks [cosmetics]
Cosmetic creams
Sun tan milk
Self tanning lotions [cosmetic]
Facial peel preparations for cosmetic use
Cosmetic body scrubs
Make-up removing creams
Astringents for cosmetic purposes
Balms, other than for medical purposes
Colorants for toilet purposes
Cleaning preparations for leather
Oils for cleaning purposes
Shaving preparations
After-shave preparations
Shaving stones [astringents]
Deodorants for human beings or for animals
Eau de Cologne
Cosmetic preparations for baths
Nail varnish
Adhesives for cosmetic purposes
Skin make-up
Massage gels, other than for medical purposes
Soap
Antiperspirant soap
Deodorant soap
Nail varnish remover [cosmetics]
Nail art stickers
Pomades for cosmetic purposes
Powder for make-up
Toilet water
Cosmetic pencils
Cotton wool for cosmetic purposes
Cotton swabs for cosmetic purposes
Pre-moistened cosmetic wipes
Tissues impregnated with cosmetic lotions
Petroleum jelly for cosmetic purposes
After-shave lotions
Depilatory wax
Wax strips for removing body hair
Oils for toilet purposes
Colour cosmetics for children
Pre-moistened towelettes impregnated with a detergent for cleaning
Baby wipes impregnated with cleaning preparations
Baby bottom balm
Cleaning and fragrancing preparations
Substances for laundry use
Fabric softeners for laundry use
Herbal extracts for cosmetic purposes
Hair preparations and treatments
Skin, eye and nail care preparations
Shampoos
Hair-washing powder
Hair tonic
Hair conditioners
Hair dyes
Hair masks
Hair serums
Hair spray
Hair glaze
Hair pomades
Hair fixers
Dry shampoos
Shampoos for animals [non-medicated grooming preparations]
Toothpaste
Dentifrices
Disclosing tablets for personal use in indicating tartar on the teeth
Preparations for cleaning dentures
Mouthwashes, not for medical purposes
Perfumery and fragrances
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Vaginal washes for personal sanitary or deodorant purposes
Feminine hygiene cleansing towelettes
Cosmetic preparations for slimming purposes
Cleaner for cosmetic brushes
Cleansers for intimate personal hygiene purposes, non medicated
Baby powder
Baby wipes
Baby care products (Non-medicated -)
All-purpose cotton buds for personal use
Cosmetics
Toilet cleaning gels.
The mark was filed in class 5 with following description of goods:
Remedies for perspiration
Petroleum jelly for medical purposes
Cleaning cloths impregnated with disinfectant for hygiene purposes
Baby bottom balms for medical purposes
Pharmaceutical products and preparations to prevent swelling in the legs
Sanitary preparations and articles
Pharmaceutical preparations for hair care
Medicinal hair growth preparations
Balms for medical purposes
Medicated shampoos
Diagnostic preparations and materials
Pharmaceuticals and natural remedies
Medical dressings, coverings and applicators
Rubbing alcohol
Alcohol for pharmaceutical purposes
Activated charcoal for adsorption of toxins for medical purposes
Medicated toothpaste
Medicated mouthwash
Antiseptic mouthwashes
Adhesive strips for dentures
Material for dental prostheses
Vaginal washes for medical purposes
Douching preparations for medical purposes
Vaginal moisturizers
Vaginal lubricants
Vaginal antifungals
Suppositories
Antihemorrhoidal suppositories
Laxative suppositories
Feminine hygiene products
Herbal extracts for medical purposes
Sanitary panties
Menstruation bandages
Sanitary wear
Pantyliners
Sanitary sterilising preparations
Absorbent sanitary articles
Sanitary tampons
Dietary supplements and dietetic preparations
Collagen for medical purposes
Dietary fibre
Dietetic substances for babies
Food supplements for sportsmen
Dietary and nutritional preparations
Dietetic preparations adapted for medical use
Dietetic beverages adapted for medical purposes
Dietetic confectionery adapted for medical purposes
Dietetic infusions for medical use
Dietetic foods adapted for medical purposes
Dietetic foods for use in clinical nutrition
Dietetic substances adapted for veterinary use
By-products of the processing of cereals for dietetic or medical purposes
Amino acids for medical purposes
Herbal medicine
Herbal supplements
Liquid herbal supplements
Medicinal herb infusions
Herbal detoxification agents
Herbal compounds for medical use
Herbal mud packs for therapeutic use
Herbal sore skin ointments for pets
Herbal dietary supplements for persons special dietary requirements
Medicinal drinks
Dietary supplements for humans not for medical purposes
Vitamin preparations in the nature of food supplements
Infant formula
Powdered milk for babies
Milk powders [foodstuff for babies]
Powdered milk foods for infants
Food for babies
Disinfectants for hygiene purposes
Babies' diapers
Diapers for incontinence
Cotton wool in the form of sticks for medical use
Absorbent articles for personal hygiene
Breast-nursing pads
Babies' diaper-pants
Pants, absorbent, for incontinence
Disinfectant soap
Medicated soap
Medicated hair lotions
Bath preparations for medical purposes
Medicinal preparations and substances
Medicated handwash
Dietetic foods adapted for invalids
Nutritional supplements
Vitamins and vitamin preparations
Pharmaceutical drugs
Dietary and nutritional supplements
Dietary supplemental drinks
Nutritional supplements for veterinary use
Nutritional supplements for livestock feed
Nutritional drink mix for use as a meal replacement
Germicides
Chemical contraceptives
Antiseptics
Alginate dietary supplements
Alginates for pharmaceutical purposes
Alkaloids for medical purposes
Alkaloids used as stimulants
Alcohol swabs for medical purposes
Medicinal herbs
Medicinal mud
Bacterial preparations for medical and veterinary use
Bicarbonate of soda for pharmaceutical purposes
Albuminous preparations for medical purposes
Biological preparations for medical purposes
Biological preparations for veterinary purposes
Bismuth preparations for pharmaceutical purposes
Pharmaceuticals
Air deodorising and air purifying preparations
Pest control preparations and articles
Dental preparations and articles, and medicated dentifrices
Nicotine patches for use as aids to stop smoking
Nicotine gum for use as an aid to stop smoking
Lint for medical purposes
Smelling salts
Contact lens cleaning preparations
Diagnostic preparations for medical or veterinary purposes
In vitro diagnostic preparations for medical use
Deodorants, other than for human beings or for animals
Detergents for medical purposes
Digestives for pharmaceutical purposes
Drugs for medical purposes
Chemical preparations for the diagnosis of pregnancy
Mineral food supplements
Enzyme preparations for medical purposes
Enzyme preparations for veterinary purposes
Eucalyptol for pharmaceutical purposes
Ferments for pharmaceutical purposes
Formic aldehyde for pharmaceutical purposes
Fungicides
Gauze for dressings
Glucose dietary supplements
Glucose for medical purposes
Glycerine for medical purposes
Guaiacol for pharmaceutical purposes
Gamboge for medical purposes
Haemorrhoid preparations
Haemostatic pencils
Hormones for medical purposes
Mustard plasters
Chemical preparations for pharmaceutical purposes
Quinine for medical purposes
Surgical bandages
Preparations for the diagnosis of ovulation
Ovulation test kits
In vitro preparations for predicting ovulation
Hydrated chloral for pharmaceutical purposes
Medicinal infusions
Iodine for pharmaceutical purposes
Tincture of iodine
Antiparasitic collars for animals
Cream of tartar for pharmaceutical purposes
Capsules for medicines
Carbolineum [parasiticide]
Cocaine
Collodion for pharmaceutical purposes
Medicinal roots
Bath salts for medical purposes
Creosote for pharmaceutical purposes
Corn remedies
Milk sugar for pharmaceutical purposes
Dental lacquer
Laxatives
Lecithin for medical purposes
Medicated dental rinses
First-aid boxes, filled
Adhesive plasters
Liniments
Magnesia for pharmaceutical purposes
Sunburn ointments
Ointments for pharmaceutical purposes
Menthol
Medical adhesives for binding wounds
Preparations of microorganisms for medical or veterinary use
Preparations for callouses
Narcotics
Materials for dressings
Plasters, materials for dressings
Dressing retention materials
Poultices
Adhesive bandages
Compresses
Tampons for medical purposes
Absorbent cotton
Acetates for pharmaceutical purposes
Medicinal oils
Tanning pills
Opiates
Opodeldoc
Personal sexual lubricants
Pastilles for pharmaceutical purposes
Pectin for pharmaceutical purposes
Peptones for pharmaceutical purposes
Hydrogen peroxide for medical purposes
Diapers for pets
Chemical preparations for treating mildew
Purgatives
Propolis for pharmaceutical purposes
Antiparasitic preparations
Anti-inflammatories
Mildewcides
Anti-infectives
Acaricides
Appetite suppressants for medical purposes
Appetite stimulant preparations
Reagent paper for medical or veterinary purposes
Insect repellents
Castor oil for medical purposes
Solutions for contact lenses
Solutions for sterilising contact lenses
Syrups for pharmaceutical purposes
Salts for mineral water baths
Mineral water salts
Steroids
Sulfonamides [medicines]
Styptic preparations
Starch for dietetic or pharmaceutical purposes
Elixirs [pharmaceutical preparations]
Wart removing preparations
Charcoal for pharmaceutical purposes
Soporifics
Wadding for medical purposes
Vitamin preparations
Chewing gum for medical purposes
Homeopathic pharmaceuticals
Homeopathic supplements
Homeopathic anti-inflammatory ointments
Dressings, medical
Sterilizing preparations
Cloth diapers
Adult diapers
Veterinary preparations
Food for babies and infants
Disposable diapers
Disinfectants for chemical toilets
Toilet deodorants
Pharmaceutical preparations for use in hematology
Thermal water
Portable first-aid kits
Elastic bandages [dressings].
The mark was filed in class 8 with following description of goods:
Manual clippers
Scissors
Manicure and pedicure tools
Razors
Razor blades
Cutlery for use by babies
Tweezers
Putty knives.
The mark was filed in class 9 with following description of goods:
Protection devices for personal use against accidents
Baby monitors
Video baby monitors
Safety, security, protection and signalling devices
Corrective eyewear
Measuring apparatus
Electronic baby monitoring devices
Disposable gloves for laboratory use
Head protection
Gloves for protection against accidents
Laboratory trays
Microscopes
Magnifying glasses [optics]
Spectacles.
The mark was filed in class 10 with following description of goods:
Surgical drapes
Hearing protection devices
Foot massagers
Suture materials
Contraceptives, non-chemical
Anti-rheumatism bracelets
Protective breathing masks made of non-woven materials for medical applications
Splinting materials for medical use
Elastomeric material for medical use
Aerosol dispensers for medical purposes
Orthopaedic bandages
Suspensory bandages
Cupping glasses
Cups for dispensing medicine
Metering pumps for delivering drugs in measured quantities [medical use]
Defibrillators
Pulse oximeters
Splints, surgical
Drainage tubes for medical purposes
Electrocardiographs
Haemocytometers
Haematology analysers
Surgical apparatus and instruments
Thread, surgical
Hearing protectors without the ability to reproduce or transmit sound
Inhalers
Syringes for medical purposes
Nasal irrigators, electric
Nasal irrigators, non-electric
Oral irrigators for use in dentistry
Enema apparatus for medical purposes
Co2 irrigators for urological therapy
Co2 irrigators for urological diagnosis
Co2 irrigators for endoscopic therapy
Cannulae
Elastic stockings for surgical purposes
Droppers for medical purposes
Catheters
Condoms
Trusses
Massage apparatus
Basins for medical purposes
Receptacles for applying medicines
Urinals being vessels
Pads for preventing pressure sores on patient bodies
Anti-pressure sore mattresses
Orthopedic articles
Orthopaedic footwear
Orthopaedic instruments
Arch cushions [orthopaedic]
Orthopedic support bandages
Orthopaedic healing aids
Orthopaedic hosiery
Orthopaedic compression supports
Silicone orthopedic devices
Orthopaedic detachable insoles
Orthopaedic foot cushions
Bandages for orthopaedic purposes
Toe separators for orthopaedic purposes
Toe relief pads [orthopaedic]
Toe regulators [orthopaedic]
Shoe insoles for orthopedic use
Orthopaedic supports for heels
Heel pads for orthopaedic use
Pessaries
Incontinence sheets
Sphygmotensiometers
Stockings for varices
Resuscitation apparatus
Respirators for medical purposes
Gloves for medical purposes
Hypodermic syringes for injections for medical purposes
Spatulas for medical use
Maternity belts
Thermometers for medical purposes
Ear plugs [ear protection devices]
Thermal packs for first aid purposes
Feeding aids and pacifiers
Dummies for babies
Feeding bottles
Feeding bottle valves
Teething rings
Clinical thermometers
Breast pumps
Manual sputum aspirators
Respiration monitors
Medical devices, namely, intravascular implants comprised of artificial material
Contoured cushions for patients' use on beds [adapted for medical purposes]
Glucometers
X-ray appliances for dental and medical use
Apparatus for use by dental hygienists
Apparatus for use by dental technicians
Orthoses
Invalid walkers
Crutches
Tips for crutches
Trays for holding medical instruments
Water pillows for medical purposes
Air pillows for medical purposes
Air mattresses for medical purposes
Draw-sheets for sick beds
Gloves for use during operations
Latex gloves for medical use
Medical hosiery
Protective clothing for medical purposes
Medical scissors
Tweezers for medical use
Urine bags
Urine test glasses
Portable hand-held urinals
Face masks for medical use
Operating field boundary cloths
Masks to prevent contagion
Dental dams
Catgut
Therapeutic nose clips for the prevention of snoring
Wound drainage pouches
Surgical scrub suits
Compression garments
Surgical gloves
Baby feeding dummies
Gum massagers for babies
Mats for effervescent bath massage
Bandage clips
Medical instruments for the removal of warts by freezing.
The mark was filed in class 12 with following description of goods:
Pushchair covers
Fitted pushchair mosquito nets
Harnesses for prams
Bags adapted for pushchairs
Baskets for perambulators
Pushchairs
Pushchair hoods
Fitted footmuffs for pushchairs
Mobility conveyances.
The mark was filed in class 16 with following description of goods:
Printed matter
Paper
Leaflets
Manuals [handbooks]
Labels of paper
Visiting cards
Posters
Pamphlets
Magazines [periodicals]
Catalogues
Boxes of paper or cardboard
Flyers
Banners of paper
Advertisement boards of paper or cardboard
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Cream containers of paper
Rubbish bags
Sandwich bags [paper]
Conical paper bags
Freezer bags
Ice cube bags
Plastic sandwich bags
Bags for microwave cooking
Padded bags of paper
Paper pouches for packaging
Bags made of plastics for packaging
Bibs of paper
Tissues of paper for removing make-up
Make-up pads of paper for removing make-up
Wrapping paper
Blotters
Tablemats of paper
Toilet paper
Towels of paper
Tissues
Table napkins of paper.
The mark was filed in class 20 with following description of goods:
Baby changing mats
Anti-roll cushions for babies
Animal housing and beds
Beds, bedding, mattresses, pillows and cushions
Contour chairs.
The mark was filed in class 21 with following description of goods:
Denture baths
Ultrasonic cleansing devices for dental prostheses
Combs
Flasks
Sponges
Oral care kits comprising toothbrushes and floss
Toothbrushes
Toothbrush containers
Toothbrush holders
Interdental brushes for cleaning the teeth
Pill boxes for personal use
Medicated dental floss
Battery-powered dental flossers
Brushes
Cosmetic, hygiene and beauty care utensils
Articles for the care of clothing and footwear
Tableware, cookware and containers
Household utensils for cleaning, brushes and brush-making materials
Fur brushes for animals
Pet feeding and drinking bowls
Scoops for the disposal of animals excrement
Toothbrushes for animals
Animal grooming gloves
Nest eggs, artificial
Litter boxes for pets
Birdcages
Non-mechanized pet waterers in the nature of portable water and fluid dispensers for pets
Non-mechanized animal feeders
Aquariums
Terrariums
Feeding cups
Oven mitts
Tea infusers
Soap dispensers
Bottles
Cosmetic spatulas
Cosmetic spatulas for use with depilatory preparations
Butlers' trays
Meal trays
Periodontal irrigators [electric] for personal use
Periodontal irrigators [non-electric] for personal use.
The mark was filed in class 25 with following description of goods:
Shoe inserts for non-orthopedic purposes
Face masks [fashion wear]
Maternity lingerie
Babies' undergarments
Down garments
Clothing
Maternity clothing
Belts [clothing]
Mufflers [clothing]
Millinery
Gloves [clothing]
Shoes
Bandanas [neckerchiefs]
Socks
Stockings
Bibs, not of paper
Cloth bibs
Plastic baby bibs
Dresses for infants and toddlers
One-piece clothing for infants and toddlers.
The mark was filed in class 28 with following description of goods:
Toys
Toys for use in perambulators
Mosaic puzzles.
The mark was filed in class 29 with following description of goods:
Milk
Milk products
Milk substitutes
Drinks made from dairy products
Milk beverages, milk predominating
Powdered milk
Plant-based milk substitutes
Processed fruits, fungi, vegetables, nuts and pulses
Processed meat products
Processed fish products for human consumption
Prepared dishes consisting principally of meat
Prepared vegetable dishes
Prepared meals made from poultry [poultry predominating]
Yoghurt
Yogurt drinks
Fruit-based snack food
Vegetable puree
Mushrooms puree
Fruit purees.
The mark was filed in class 30 with following description of goods:
Porridge
Biscuits
Crackers
Rusks
Confectionery
Tea
Ice milk [ice cream]
Sherbets [ices]
Ice, ice creams, frozen yogurts and sorbets.
The mark was filed in class 32 with following description of goods:
Soft drinks
Fruit juice beverages
Syrups and other non-alcoholic preparations for making beverages
Cordials
Fruit nectars, non-alcoholic
Waters
Mineral water [beverages]
Spring water
Bottled drinking water.
The mark was filed in class 35 with following description of goods:
Administering pharmacy reimbursement programs and services
Advertising
Marketing
Promotion, advertising and marketing of on-line websites
Publicity and sales promotion services
Product sampling
Direct mail advertising to attract new customers and to maintain the existing customer base
Business consulting
Commercial information and advice for consumers in the choice of products and services
Commercial intermediation services
Arranging of trading transactions and commercial contracts
Presentation of goods and services
Product demonstrations and product display services
Commercial administration of the licensing of the goods and services of others
Publicity material rental
Rental of advertising space
Marketing research
Opinion polling
Radio and television advertising
Business assistance, management and administrative services
Administrative data processing
Human resources management and recruitment services
Secretarial and clerical services
Business analysis
Business analysis and information services, and market research
Wholesale ordering services
Data processing, systematisation and management
Compilation and systematisation of information in databanks
Compilation and systemization of written communications and data
Compilation and systemization of information used in electronic transmissions
Systemization of information into computer databases.
The mark was filed in class 39 with following description of goods:
Transportation and delivery of goods
Packaging and storage of goods
Mail delivery and courier services.
The mark was filed in class 41 with following description of goods:
Education and instruction services
Publishing services
Electronic publishing services
Publishing services for books and magazines
Organisation of conferences, exhibitions and competitions
Arranging and conducting of seminars and workshops
Vocational education relating to first aid.
The mark was filed in class 44 with following description of goods:
Pharmaceutical services
Pharmacy advice
Dietary and nutritional advice
Preparation of prescriptions by pharmacists
Medical counseling
Dispensing of pharmaceuticals
Preparation and dispensing of medications
Medication counseling
Providing information relating to the preparation and dispensing of medications
Providing information to patients in the field of administering medications
Consultancy and information services relating to pharmaceutical products
Advisory services relating to pharmaceuticals
Provision of pharmaceutical information
Provision of information relating to medicine
Preparation of prescriptions in pharmacies
Telemedicine services
Health counselling
Medical and healthcare services
Animal healthcare services
Human hygiene and beauty care
Hygienic and beauty care for animals
Collection and preservation of human blood
Medical services relating to the removal, treatment and processing of human blood