The trademark MEDICOLD was filed by Unilab LP, a U.S. corporation (the "Applicant"). The application was published for oppositions on October 24, 2021, and received one opposition filed on January 24, 2022 by medi GmbH & Co. KG on Likelihood of confusion. the opponent was represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 24, 2022
The application was filed in Polish, and Polish 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:
Cosmetics, in particular Face and body creams, Face and body serums, Face and body balms and lotions, Body butter, Face and body milk, Skin and facial toners, Cosmetic water
Cosmetic preparations for slimming purposes
Shaving preparations
Breath fresheners
Cosmetic preparations for the care of mouth and teeth
Dentifrices and mouthwashes
Hair care preparations (cosmetics)
Sunscreen cosmetics and preparations
Perfumes
Perfumes
Tissues impregnated with cosmetic lotions
Depilatory preparations
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Sanitary articles, in particular: Non-medicated toiletries, Body cleaning and beauty care preparations, Personal care preparations
Ethereal oils.
The mark was filed in class 5 with following description of goods:
Pharmaceutical products
Medicinal healthcare preparations
Medical preparations
Vitamin preparations for medical purposes
Mineral preparations and substances for medical use
Mineral food supplements
Mineral waters for medical purposes
Preparations for increasing the effectiveness of treatments
Food supplements
Nutritional supplements
Food supplements
Nutritional supplements
Dietetic foods adapted for medical purposes
Foodstuffs for special medical purposes
Dietetic substances adapted for medical use
Herbal preparations for medical use
Medicinal herbs
Herbal teas for medicinal purposes
Biocides for medical purposes
Biological preparations for medical use
Antibacterial preparations for medical purposes
Vaccines for human use
Serums
Blood-derived preparations
Biotechnological preparations for medical use
Pharmaceutical preparations for skin care
Anti-acne products
Dental preparations and articles, and medicated dentifrices
Pharmaceutical lotions
Medicated cosmetics
Infant formula
Plasters, materials for dressings
Poultices for medical purposes
Sanitary preparations for medical purposes
Disinfectants
Veterinary preparations
Chemical preparations and diagnostic materials for medical purposes
Diagnostic preparations for medical purposes
Suppositories for medical purposes
Enzyme preparations for medical purposes
Chewing gum for therapeutic use
Medicinal herbs and drinks
Medicinal infusions
Tonics [medicines].
The mark was filed in class 10 with following description of goods:
Medical goods, namely medical apparatus and instruments
Prosthetics and artificial implants
Compresses for supporting the body
Ice packs for the treatment of injuries
Physiotherapy and rehabilitation equipment
Cooling patches for medical purposes
Silicone gel sheeting for the treatment of scars
Medical furniture and bedding, equipment for moving patients.