The trademark ExcellVie was filed by Innovation in Life Sciences Pharma E.E.(ILS Pharma L.P. ), a corporation established under the laws of the Hellenic Republic (the "Applicant"). The application was published for oppositions on September 7, 2021, and received one opposition filed on November 16, 2021 by OVIVITY GROUP, S.L. on Likelihood of confusion. the opponent was represented by ABG INTELLECTUAL PROPERTY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 16, 2021
The application was filed in Greek, and Greek was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003158478 was refused according to Article 8(1)(b) EUTMR with decision issued on February 21, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics and cosmetic preparations
Oils for cosmetic purposes
Natural cosmetics
Organic cosmetics
Cosmetics for children
Cosmetic kits
Cosmetic preparations for slimming purposes
Non-medicated cosmetics
Emollient preparations [cosmetics]
Cosmetics in the form of oils
Cosmetics for personal use
Tissues impregnated with cosmetics
Cosmetics containing keratin
Cosmetics containing panthenol
Cosmetic preparations for body care
Cosmetics containing hyaluronic acid
Impregnated cleaning pads impregnated with cosmetics
Facial preparations
Colour cosmetics for children
Slimming aids [cosmetic], other than for medical use
Cosmetic preparations for use as aids to slimming
Non-medicated cosmetics and toiletry preparations
Functional cosmetics
Beauty milk
Pre-moistened cosmetic wipes
Beauty care cosmetics
Fluid creams [cosmetics]
Cosmetics for use on the skin
Cosmetics in the form of powders
Non-medicated beauty preparations
Phytocosmetic preparations
Cosmetics in the form of creams
Skin cleansing foams
Cosmetic hair regrowth inhibiting preparations
Cosmetic preparations for bath and shower
Body and facial gels [cosmetics]
Body and facial creams [cosmetics]
Skin soap
Cosmetic preparations for baths
Antiperspirants [toiletries]
Skin, eye and nail care preparations
Cosmetics for the use on the hair
Cosmetic hair dressing preparations
Cosmetic preparations for the hair and scalp
Cosmetic breast firming preparations
Cosmetic soaps
Cosmetic rouges
Sun protecting creams [cosmetics]
Decorative cosmetics
Cosmetic moisturisers
Night creams [cosmetics]
Moisturising concentrates [cosmetic]
Sun blocking oils [cosmetics]
Sun blocking lipsticks [cosmetics]
Moisturising gels [cosmetic]
Suntanning oil [cosmetics]
Moisturising preparations
Facial moisturisers [cosmetic]
Cosmetics in the form of lotions
Moisturising body lotion [cosmetic]
Facial toners [cosmetic]
Sun blocking preparations [cosmetics]
Colour cosmetics
Cosmetics in the form of gels
Lip coatings [cosmetic]
Body oils [for cosmetic use]
Skin cleansers [cosmetic]
Cosmetic skin enhancers
Powder compact refills [cosmetics]
Skin whitening preparations [cosmetic]
Sun-tanning gels
Lip protectors [cosmetic]
Moisturising skin lotions [cosmetic]
Moisturising skin creams [cosmetic]
Acne cleansers, cosmetic
Skin relief serum [cosmetic]
Eye concealers
Skin care oils [cosmetic]
Beauty tonics for application to the body
Topical skin sprays for cosmetic purposes
Skin care creams [cosmetic]
Skin lightening compositions [cosmetic]
Sun-tanning preparations [cosmetics]
Cosmetics for the treatment of dry skin
Beauty tonics for application to the face
Solid powder for compacts [cosmetics]
Anti-aging moisturizers used as cosmetics
Cosmetic preparations for skin renewal
Sun protectors for lips
Pores tightening mask packs used as cosmetics
After-sun preparations for cosmetic use
Cosmetics for use in the treatment of wrinkled skin
Cosmetic preparations for the care of mouth and teeth
Cosmetic products in the form of aerosols for skincare
Cosmetic preparations for dry skin during pregnancy
Wrinkle-minimizing cosmetic preparations for topical facial use
Cosmetics for protecting the skin from sunburn
Cosmetic sun-protecting preparations.
The mark was filed in class 5 with following description of goods:
Dietary supplements for humans
Mineral dietary supplements for humans
Food supplements
Mineral food supplements
Albumin dietary supplements
Anti-oxidant food supplements
Protein dietary supplements
Enzyme dietary supplements
Medicated food supplements
Dietary supplements consisting of vitamins
Linseed dietary supplements
Linseed oil dietary supplements
Glucose dietary supplements
Dietary and nutritional supplements
Casein dietary supplements
Pollen dietary supplements
Propolis dietary supplements
Yeast dietary supplements
Lecithin dietary supplements
Food supplements for sportsmen
Alginate dietary supplements
Wheat germ dietary supplements
Royal jelly dietary supplements
Liquid nutritional supplements
Pine pollen dietary supplements
Dietary supplements with a cosmetic effect
Mineral nutritional supplements
Nutritional supplements
Nutraceuticals for use as a dietary supplement
Health food supplements made principally of vitamins
Protein powder dietary supplements
Nutritional supplements consisting of fungal extracts
Nutritional supplements consisting primarily of magnesium
Nutritional supplements consisting primarily of calcium
Nutritional supplements consisting primarily of iron
Nutritional supplements consisting primarily of zinc
Food supplements for non-medical purposes
Soy isoflavone dietary supplements
Health food supplements made principally of minerals
Dietary food supplements used for modified fasting
Powdered nutritional supplement drink mix
Health food supplements for persons with special dietary requirements
Herbal dietary supplements for persons special dietary requirements
Nutritional supplements made of starch adapted for medical use
Antiseptics
Alcohol-based antibacterial skin sanitizer gels
Antibacterial wipes
Tissues impregnated with antibacterial preparations
Antiseptic sprays in aerosol form for use on hard surfaces
Antiseptic sprays in aerosol form for use on the skin
Antiseptic body care preparations
Antiseptic preparations for wound care
Antiseptic mouthwashes
Impregnated antiseptic wipes
Dietary supplements for animals
Nutritional supplements for veterinary use
Dietary supplements for pets
Folic acid dietary supplements
Activated charcoal dietary supplements
Health-aid foods supplements containing ginseng
Mineral dietary supplements for animals
Health-aid foods supplement containing red ginseng.
The mark was filed in class 35 with following description of goods:
Retail services in relation to cosmetics
Wholesale services in relation to cosmetics
Retail services in relation to cosmetics and cosmetic preparations
Wholesale services in relation to cosmetics and cosmetic preparations
Retail services in relation to dietary supplements
Wholesale services in relation to dietary supplements