The trademark NOVING was filed by NOVING S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on March 28, 2022, and received one opposition filed on June 23, 2022 by SINTETICA SA on Likelihood of confusion. the opponent was represented by NOTARBARTOLO & GERVASI S.P.A.
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003173460 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 21, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Foodstuffs and dietetic substances for medical or veterinary purposes
Homogenized food adapted for medical purposes
Infant formula
Anti-oxidants for medicinal use
Vitamin and mineral bars for medical purposes
Dietetic beverages adapted for medical purposes
Candy, medicated
Dietary supplements for humans and animals
Herbal extracts for medical purposes
Chewing gum for medical purposes
Plasters, materials for dressings
Dietary supplements and dietetic preparations
Vitamin supplements
Biochemical preparations for medical use
Medical and veterinary preparations
Multi-vitamin preparations
Dietetic food preparations adapted for medical use
Pharmaceuticals
Sanitary preparations for medical purposes
Samples for medical diagnosis
Vitamins and vitamin preparations
Sanitary tampons
Pharmaceutical preparations and substances for use in gynecology
Fertility enhancement preparations.
The mark was filed in class 10 with following description of goods:
Apparatus for taking body fluid samples
Gynaecological apparatus and instruments
Medical and surgical apparatus for treating female infertility
Medical and surgical instruments for treating female infertility
Medical and surgical devices for treating female infertility
Medical and surgical apparatus for treating uterine diseases
Medical and surgical instruments for treating uterine diseases
Medical and surgical devices for treating uterine diseases
Medical and surgical apparatus for measuring intrauterine parameters
Medical and surgical instruments for measuring intrauterine parameters
Medical and surgical devices for measuring intrauterine parameters
Medical and surgical apparatus for treating male infertility
Medical and surgical instruments for treating male infertility
Medical and surgical devices for treating male infertility.
The mark was filed in class 35 with following description of goods:
Rental of advertising time on communication media
Commercial information agencies
Publicity agencies
Import-export agencies
Updating, distribution, rental and publishing of advertising material [flyers, prospectuses, printed matter, samples]
Shop window dressing
Business support services
Business management assistance
Business consulting
Dissemination of advertisements
Demonstration of goods
Provision and rental of advertising space
Commercial management
Customer relationship management
Marketing
Negotiation and conclusion of commercial transactions for third parties
Arranging of exhibitions, events, exhibits, trade fairs and shows for commercial or advertising purposes
Presentation of goods on communication media, for retail purposes
Sales promotion for others
Promoting the goods and services of others
Advertising
Public relations services
Sponsorship search
Market studies
Commercial intermediation services
Merchandising
Business networking services
News clipping services
Wholesaling and retailing, including online, relating to pharmaceuticals
Retailing and wholesaling, including online, in relation to the following goods: Nutritional supplements and Nutraceutical preparations
Retailing and wholesaling, including online, in relation to the following goods: Dietary supplements for human beings and animals
Retailing and wholesaling, including online, in relation to the following goods: Pharmaceutical preparations and Pharmaceutical substances, for use in the following fields: Gynaecology
Retailing and wholesaling, including online, in relation to the following goods: Medical and veterinary preparations
Retailing and wholesaling, including online, in relation to the following goods: Medical and surgical apparatus and instruments for treating female infertility
Retailing and wholesaling, including online, in relation to the following goods: Medical and surgical apparatus and instruments for treating male infertility
Retailing and wholesaling, including online, in relation to goods: Medical and surgical apparatus and instruments for treating uterine diseases
Retailing and wholesaling, including online, in relation to the following goods: Gynaecological apparatus and instruments
Retailing and wholesaling, including online, in relation to the following goods: Medical and surgical apparatus and instruments for measuring intrauterine parameters
Retailing and wholesaling, including online, in relation to the following goods: Sanitary preparations for medical purposes
Retailing and wholesaling, including online, in relation to the following goods: Fertility enhancement preparations.
The mark was filed in class 44 with following description of goods:
Medical analysis relating to the treatment of persons
Medical examinations for treatment purposes
Provision of health information
Providing of information relating to the rental of medical and biomedical machines and medical and biomedical equipment
Rental of medical equipment and installations, Rental of health care apparatus and installations
Rental of medical machinery, Rental of biomedical machinery
Advisory services relating to medical apparatus and instruments, Consultancy relating to surgical equipment and instruments