The trademark RIVIERA PROTECT was filed by MEDSPA LABORATOIRES, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 28, 2021, and received one opposition filed on September 27, 2021 by LES PARFUMERIES FRAGONARD on Likelihood of confusion. the opponent was represented by MIIP MADE IN IP and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 27, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003155593 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 26, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Limestone hardening substances
Gum solvents
Preservatives for rubber [chemicals]
Preservatives for pharmaceutical preparations
Preservatives for metals [chemical]
Galvanizing preparations
Rubber preservatives
Reinforcing fillers
Anti-seize substances [chemicals]
Fillers for bleaching earths
Fillers derived from white minerals
Additives (chemical and organic) for use in the processing of plastic
Fillers for rubber
Fluxes for use in the preparation of ceramics
Synthetic resin fillers
Fillers for paper
Additives (Chemical -) for use in the processing of plastics
Fillers for drying agents
Fillers for toothpastes
Textile-impregnating chemicals
Fillers for soaps
Additives (Chemical -) for use in plastics
Chemicals for use in the rubber industry
Raw chemicals for use in the manufacture of polyurethane resins
Additives (chemical and organic) for use in plastic
Coating compositions for protection against the effects of incrustation
Chemicals for use in treating metal surfaces
Chemicals for use in fuel as microbial growth inhibitors [other than medical and veterinary]
Chemicals having antimicrobial properties [other than medical or veterinary]
Chemical preparations for scientific purposes, other than for medical or veterinary use
Chemical substances for use in separation [other than medical or veterinary use]
Chemicals for use in immuno-assay testing [other than medical or veterinary]
Chemicals for use in thermography [other than medical or veterinary]
Chemicals for use in immersion baths [other than medical or veterinary]
Chemicals for use in separation techniques [other than medical or veterinary]
Chemicals for use in molecular separation processes [other than medical and veterinary]
Chemicals for use in chromatography [other than medical and veterinary]
Diagnostic chemicals [other than for medical or veterinary use]
Biological substances [other than for medical or veterinary use]
Chemical substances for analyses in laboratories, other than for medical or veterinary purposes
Substances for use in genetic probe assay kits [not for medical use]
Chemicals for use in the pharmaceutical industry
Chemicals for use in the agrochemical industry
Chemicals for use in the microelectronics industry.
The mark was filed in class 3 with following description of goods:
Stain removers
Tissues impregnated with leather gloss agents
Preservative creams for leather
Leather dressings
Leather and shoe cleaning and polishing preparations.
The mark was filed in class 5 with following description of goods:
Organotherapeutics
Sterilizing preparations
Wart removing preparations
Germicidal preparations [other than soap]
Skin care creams for medical use
Chemical preparations for sanitary purposes
Dietetic substances adapted for medical use
Chemical preparations for medical purposes
Chemical preparations for veterinary purposes
Freeze-dried food adapted for medical purposes
Homeopathic pharmaceuticals
Pharmaceutical products and preparations for chloasma
Chemico-pharmaceutical preparations
Respiratory stimulants
Lactagogues
Anti-epileptic pharmaceutical preparations
Pharmaceutical preparations for use in oncology
Anti-diabetic pharmaceuticals
Diaphoretics
Pharmaceuticals
Pharmaceutical preparations and substances for use in oncology
Antibacterial pharmaceuticals
Injectable pharmaceuticals
Medicated sunscreen preparations
Sunburn ointments.
The mark was filed in class 44 with following description of goods:
Health care consultancy services [medical]
Provision of health care services in domestic homes
Medical and healthcare clinics
Consultancy in the field of body and beauty care
Advisory services relating to beauty treatment
Hygienic and beauty care for animals
Animal healthcare services
Medical and healthcare services
Consulting services relating to health care
Health care in the nature of health maintenance organizations.