The trademark AUROGRAPHENE was filed by IDI INTEGRATORI DIETETICI ITALIANI SRL, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 30, 2021, and received one opposition filed on December 27, 2021 by Bayer Intellectual Property GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Korz, Andrea and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 27, 2021
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 1 with following description of goods:
Chemical products for the manufacture of perfumery compositions
Food protein as a raw material
Raw materials [chemical] for the formulation of cosmetic products
Chemical substances, chemical materials and chemical preparations excluding contrast media and diagnostic imaging fluids
Natural elements
Chemical adjuvants for use in science excluding contrast media and diagnostic imaging fluids
Chemical substances for use in the manufacture of scented toiletries
Chemical substances for use in the manufacture of perfumes
Chemical products for the manufacture of cosmetics
Herb extracts, other than essential oils, for use in the manufacture of cosmetics
Chemical preparations for use in the manufacture of pharmaceuticals excluding contrast media and diagnostic imaging fluids
Plant extracts for use in the manufacture of pharmaceuticals
Active chemical ingredients for use in the manufacture of pharmaceuticals excluding contrast media and diagnostic imaging fluids
Chemicals for use in coating medical instruments [other than pharmaceuticals]
Preservatives for pharmaceutical preparations
Chemical substances for use in the production of drugs excluding contrast media and diagnostic imaging fluids
Chemical and organic compositions for use in the manufacture of food and beverages.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Nutritional supplements
Dietetic foods adapted for medical purposes
Food for babies
Antioxidants
Slimming pills
Herbal supplements
Anti-oxidant food supplements
Dietary fibre
Medicated food supplements
Food supplements in liquid form
Dietary supplements with a cosmetic effect
Food supplements
Dietary and nutritional supplements
Vitamin supplements
Probiotic supplements
Prebiotic supplements
Medicinal drinks
Vitamin and mineral preparations
Nutraceutical preparations for therapeutic or medical purposes
Enzymes for medical purposes excluding contrast media and diagnostic imaging fluids
Pharmaceuticals excluding contrast media and diagnostic imaging fluids
Natural remedies
Chemical preparations for medical purposes excluding contrast media and diagnostic imaging fluids
Biochemical preparations for medical use excluding contrast media and diagnostic imaging fluids
Bacterial preparations for medical purposes
Mineral food preparations for medical purposes
Preparations for use in naturopathy
Medicinal healthcare preparations excluding contrast media and diagnostic imaging fluids
Medical preparations excluding contrast media and diagnostic imaging fluids
Biological preparations for medical purposes excluding contrast media and diagnostic imaging fluids
Pharmaceutical drugs excluding contrast media and diagnostic imaging fluids
Pharmaceutical compositions excluding contrast media and diagnostic imaging fluids
Pharmaceuticals excluding contrast media and diagnostic imaging fluids
Chemico-pharmaceutical preparations excluding contrast media and diagnostic imaging fluids
Drug delivery agents that facilitate the delivery of pharmaceutical preparations excluding contrast media and diagnostic imaging fluids
Pharmaceutical implants
Pharmaceutical sweets
Homeopathic pharmaceuticals
Antibacterial pharmaceuticals
Pharmaceutical antiallergic preparations and substances
Pharmaceutical preparations for use in dermatology