The trademark MIOWELL was filed by Milan Sanitra, a national of the Slovak Republic (the "Applicant"). The application was published for oppositions on March 31, 2022, and received one opposition filed on June 29, 2022 by MAMA MIO LIMITED on Likelihood of confusion. the opponent was represented by HGF B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 29, 2022
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 003173866 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 14, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Hair conditioners
Hair lotions
Hair-thickening preparations
Hair straightening preparations
Shampoos
Dry shampoos
Hair dyes
Hair dyes
Hair waving preparations
Hair spray
Hair protection gels
Hair gel
Styling gels
Hair mousse
Styling mousse
Hair protection mousse
Hair wax
Hair wax
Hair styling waxes
Oils for hair conditioning
Hair pomades
Pomades for cosmetic purposes
Eyebrow cosmetics
Moustache wax
Beard dyes
Cleaning preparations
Oils for cleaning purposes
Cleansing milk for toilet purposes
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Soap
Cakes of toilet soap
Deodorant soap
Non-medicated toilet soaps
Antiperspirant soap
Balms, other than for medical purposes
Petroleum jelly for cosmetic purposes
Cosmetics
Oils for cosmetic purposes
Oils for toilet purposes
Lotions for cosmetic purposes
Cosmetic preparations for baths
Bath salts, not for medical purposes
Beauty masks
Cosmetic preparations for skin care
Cold creams for cosmetic use
Toiletries
Make-up removing preparations
Almond soap
Almond milk for cosmetic purposes
Almond oil
Bergamot oil
Jasmine oil
Lavender oil
Rose oil
Essential oils of lemon
Essential oils of cedarwood
Mint essence [essential oil]
Essential oils of citron
Aromatics [essential oils]
Mint for perfumery
Aloe vera preparations for cosmetic purposes
Ethereal oils
Oils for perfumes and scents
Eau de Cologne
Lavender water
Scented water
Perfumes
Perfumery
Extracts of flowers [perfumes]
Bases for flower perfumes
Toilet water
Ethereal essences
Musk [perfumery]
Potpourris [fragrances]
Deodorants for human beings or for animals
Astringents for cosmetic purposes
Depilatory preparations
Depilatory wax
Depilatory preparations
Shaving preparations
After-shave lotions
Nail care preparations
Make-up powder
Antiperspirants [toiletries]
Tissues impregnated with cosmetic lotions
Tissues impregnated with make-up removing preparations
Lip glosses
Massage gels, other than for medical purposes
Sunscreen preparations
Mascara
Make-up preparations
Detergents, other than for use in manufacturing operations and for medical purposes
Degreasers, other than for use in manufacturing processes
Turpentine for degreasing
Scouring solutions
Windscreen cleaning liquids
Wallpaper cleaning preparations
Dry-cleaning preparations
Descaling preparations for household purposes
Drain cleaning preparations
Preparations for unblocking drain pipes
Floor wax removers [scouring preparations]
Non-slipping wax for floors
Non-slipping liquids for floors
Polish for furniture and flooring
Furbishing preparations
Polishing wax
Polishing creams
Preparations to make the leaves of plants shiny
Shining preparations [polish]
Polishing stones
Pumice stone
Polishing rouge
Abrasives
Abrasives
Abrasive preparations for use on the body
Grinding preparations for semiconductors
Sandpaper
Sandcloth
Emery cloth
Rust removing preparations
Paint stripping preparations
Smoothing preparations [starching]
Lacquer-removing preparations
Volcanic ash for cleaning
Shoe wax
Shoe polish
Leather bleaching preparations
Leather preservatives [polishes]
Cleaning chalk
Washing soda, for cleaning
Soda lye
Ammonia [volatile alkali] [detergent]
Canned pressurized air for cleaning and dusting purposes
Cloths impregnated with a detergent for cleaning
Joss sticks
Laundry preparations
Laundry soaking preparations
Fabric softeners for laundry use
Soap for brightening textile
Stain removers
Starch glaze for laundry purposes
Starch for laundry purposes
Bleaching soda
Laundry bleach
Laundry glaze
Laundry blueing
Colour-removing preparations
Laundry wax
Antistatic preparations for household purposes
Sachets for perfuming linen
Colour-brightening chemicals for household purposes [laundry]
Colour-brightening chemicals for household purposes [laundry]
Drying agents for dishwashing machines
Air fragrancing preparations.
The mark was filed in class 5 with following description of goods:
Medicinal hair growth preparations
Pharmaceutical preparations for treating dandruff
Balms for medical purposes
Scalp care pharmaceuticals
Pharmaceutical preparations
Pharmaceutical preparations for skin care
Chemico-pharmaceutical preparations
Serotherapeutic medicines
Elixirs [pharmaceutical preparations]
Tinctures for medical purposes
Serums
Lotions for pharmaceutical purposes
Medicinal infusions
Mineral dietary supplements
Parasiticides
Smelling salts
Salts for medical purposes
Ointments for pharmaceutical purposes
Pomades for medical purposes
Liniments
Medicinal oils
Greases for medical purposes
Petroleum jelly for medical purposes
Gelatine for medical purposes
Hormones for medical purposes
Enzymes for medical purposes
Opotherapy preparations
Medicinal mud
Mud for baths
Bath preparations for medical purposes
Bath salts for medical purposes
Salts for mineral water baths
Mineral water salts
Thermal water
Mineral waters for medical purposes
Oxygen baths
Sea water for medicinal bathing
Therapeutic preparations for the bath
Medicinal herbs
Medicinal roots
Poultices
Disinfectants for hygiene purposes
Fungicides
Remedies for perspiration
Eucalyptus for pharmaceutical purposes
Eucalyptol for pharmaceutical purposes
Antiseptics
Medicinal alcohol
Royal jelly dietary supplements
Propolis dietary supplements
Pollen dietary supplements
Yeast dietary supplements
Mint for pharmaceutical purposes
By-products of the processing of cereals for dietetic or medical purposes
Candy, medicated
Medicinal tea
Syrups for pharmaceutical purposes
Capsules for medicines
Vitamin preparations
Medicines for human purposes
Medicinal drinks
Dietary fibre
Pharmaceuticals
Antibacterial pharmaceuticals
Veterinary preparations
Sanitary preparations for medical purposes
Dietetic substances adapted for medical use
Dietetic substances adapted for veterinary use
Dietetic food adapted for veterinary use
Dietetic foods adapted for medical purposes
Dietary supplements for animals
Dietary supplements for humans
Plasters, materials for dressings
Disinfectant soap
Medicated soap
Dietary and nutritional supplements.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services in relation to the following goods: Cosmetics, cleaning agents, Nutritional supplements, Pharmaceutical preparations, Cosmetic preparations for hair care, Hair-thickening preparations, Hair conditioner, Hair lotions, Shampoos, hair balm, Hair growth preparations and hair nutrition preparations
Retail and wholesale services in relation to the following goods: Cosmetics, cleaning agents, Nutritional supplements, Pharmaceutical preparations, Cosmetic preparations for hair care, Hair-thickening preparations, Hair conditioner, Hair lotions, Shampoos, hair balm, Hair growth preparations and hair nutrition preparations, By Internet
Retail and wholesale services in relation to the following goods: Hair conditioner, Hair lotions, Hair-thickening preparations, Hair-straightening lotions, shampoos, dry shampoos, Hair dyes, hair colorants, Hair waving preparations, Hair spray, gels for use on the hair, Hair mousse, hair wax, oils for hair, hair pomades, Pomades for cosmetic purposes
Retail and wholesale services in relation to the following goods: Eyebrow cosmetics, moustache wax, Beard dyes, Cleaning products, Oils for cleaning purposes, Cleansing milk for toilet purposes, Douching preparations for personal sanitary or deodorant purposes (toiletries), soaps, soap bars, Disinfectant soap, Deodorant soap, Medicated soap, Antiperspirant soap, Balms other than for medical purposes, Petroleum jelly for cosmetic purposes, Cosmetics, Oils for cosmetic purposes
Retail and wholesale services in relation to the following goods: oils for toilet purposes, Lotions for cosmetic purposes, Baths (cosmetic preparations for -), Bath salts (not for medical purposes), Beauty masks, Skin care (cosmetic preparations for -), Cosmetic creams, Toiletries, Products for removing make-up, almond oil, almond soap, almond milk for cosmetic purposes, Bergamot oil, Jasmine oil, Lavender oils, Rose oil
Retail and wholesale services in relation to the following goods: Essential oils of lemon, Essential oils of cedarwood, Mint essence (essential oil), essential oils of citron, Aromatics [essential oils], Mint for perfumery, Aloe vera preparations for cosmetic purposes, Essential oils, Oils for perfumes and scents, Eau de Cologne, Lavender water, Scented water, Perfumes, perfumery, Extracts of flowers (perfumery), Bases for flower perfumes, eaux de toilette, Ethereal essences
Retail and wholesale services in relation to the following goods: Musk (perfumery), Perfumed potpourris, Deodorants (perfumery), astringents for cosmetic purposes, Depilatory preparations, Depilatory wax, Depilatory preparations, Shaving preparations, aftershave lotions, Nail care preparations, Make up powder, anti-perspirants, Tissues impregnated with cosmetic lotion, tissues impregnated with make-up removing preparations, Lip gloss, Massage gels other than for medical purposes
Retail and wholesale services in relation to the following goods: Sunscreen preparations, Mascara, Make-up preparations
Retail and wholesale services in relation to the following goods: medicinal hair growth preparations, Pharmaceutical preparations for treating dandruff, Balms for medical purposes, Scalp care pharmaceuticals, Pharmaceutical preparations, Pharmaceutical preparations for skin care, Chemico-pharmaceutical preparations, Serotherapeutic medicines
Retail and wholesale services in relation to the following goods: Elixirs (pharmaceutical preparations), Tinctures for medical purposes, Serum, lotions for pharmaceutical purposes, Medicinal infusions, Mineral nutritional supplements, Parasiticides, Smelling salts, Salts for medical purposes, Ointments for pharmaceutical use, Pomades for medical purposes, Liniments, Medicinal oils, Greases for medical purposes
Retail and wholesale services in relation to the following goods: petroleum jelly (for medical purposes), Gelatine for medical purposes, Hormones for medical purposes, Enzymes for medical purposes, Opotherapy preparations, Medicinal mud, Mud for baths, Bath preparations for medical purposes, Bath salts for medical purposes, Salts for mineral water baths, Mineral water salts, Thermal water, Medicated mineral drinks, Oxygen baths, Sea water for medicinal bathing
Retail and wholesale services in relation to the following goods: Therapeutic preparations for the bath, Medicinal herbs, Medicinal roots, Poultices, Disinfectants for hygiene purposes, Fungicides, remedies for perspiration, Eucalyptus for pharmaceutical purposes, Eucalyptol for pharmaceutical purposes, Antiseptic, Medicinal alcohol, Royal jelly dietary supplements, Propolis dietary supplements, Pollen dietary supplements
Retail and wholesale services in relation to the following goods: Yeast dietary supplements, Mint for pharmaceutical purposes, By-products of the processing of cereal seeds for dietetic or medical purposes, Medicated candy, medicinal tea, Syrups for pharmaceutical purposes, Capsules for medicines, Vitamin preparations, Medicines for human purposes, Medicinal beverages, dietary fiber
Retail and wholesale services in relation to the following goods: Pharmaceutical and veterinary preparations, Sanitary preparations for medical purpose, Foodstuffs and dietetic substances adapted for medical or veterinary use, food supplements for human beings and animals, Plasters, material for dressings, Pharmaceutical preparations
Retail and wholesale services in relation to: Hair conditioner, Hair lotions, Hair-thickening preparations, Hair-straightening lotions, shampoos, dry shampoos, Hair dyes, hair colorants, Hair waving preparations, Hair spray, gels for use on the hair, Hair mousse, hair wax, By Internet
Retail and wholesale services in relation to the following goods: oils for hair, hair pomades, Pomades for cosmetic purposes, Eyebrow cosmetics, moustache wax, Beard dyes, Cleaning products, Oils for cleaning purposes, Cleansing milk for toilet purposes, Douching preparations for personal sanitary or deodorant purposes (toiletries), soaps, soap bars, Disinfectant soap, Deodorant soap, By Internet
Retail and wholesale services in relation to the following goods: Medicated soap, Antiperspirant soap, Balms other than for medical purposes, Petroleum jelly for cosmetic purposes, Cosmetics, Oils for cosmetic purposes, oils for toilet purposes, Lotions for cosmetic purposes, Baths (cosmetic preparations for -), Bath salts (not for medical purposes), Beauty masks, Skin care (cosmetic preparations for -), By Internet
Retail and wholesale services in relation to the following goods: Cosmetic creams, Toiletries, Products for removing make-up, almond oil, almond soap, almond milk for cosmetic purposes, Bergamot oil, Jasmine oil, Lavender oils, Rose oil, Essential oils of lemon, Essential oils of cedarwood, Mint essence (essential oil), essential oils of citron, Aromatics [essential oils], By Internet
Retail and wholesale services in relation to the following goods: Mint for perfumery, Aloe vera preparations for cosmetic purposes, Essential oils, Oils for perfumes and scents, Eau de Cologne, Lavender water, Scented water, Perfumes, perfumery, Extracts of flowers (perfumery), Bases for flower perfumes, eaux de toilette, Ethereal essences, Musk (perfumery), Perfumed potpourris, Deodorants (perfumery), By Internet
Retail and wholesale services in relation to the following goods: astringents for cosmetic purposes, Depilatory preparations, Depilatory wax, Depilatory preparations, Shaving preparations, aftershave lotions, Nail care preparations, Make up powder, anti-perspirants, Tissues impregnated with cosmetic lotion, tissues impregnated with make-up removing preparations, Lip gloss, By Internet
Retail and wholesale services in relation to the following goods: Massage gels other than for medical purposes, Sunscreen preparations, Mascara, Make-up preparations By Internet
Retail and wholesale services in relation to the following goods: medicinal hair growth preparations, Pharmaceutical preparations for treating dandruff, Balms for medical purposes, Scalp care pharmaceuticals, Pharmaceutical preparations, Pharmaceutical preparations for skin care, Chemico-pharmaceutical preparations, Serotherapeutic medicines, By Internet
Retail and wholesale services in relation to the following goods: Elixirs (pharmaceutical preparations), Tinctures for medical purposes, Serum, lotions for pharmaceutical purposes, Medicinal infusions, Mineral nutritional supplements, Parasiticides, Smelling salts, Salts for medical purposes, Ointments for pharmaceutical use, Pomades for medical purposes, Liniments, Medicinal oils, Greases for medical purposes, By Internet
Retail and wholesale services in relation to the following goods: petroleum jelly (for medical purposes), Gelatine for medical purposes, Hormones for medical purposes, Enzymes for medical purposes, Opotherapy preparations, Medicinal mud, Mud for baths, Bath preparations for medical purposes, Bath salts for medical purposes, Salts for mineral water baths, Mineral water salts, Thermal water, Medicated mineral drinks, By Internet
Retail and wholesale services in relation to the following goods: Oxygen baths, Sea water for medicinal bathing, Therapeutic preparations for the bath, Medicinal herbs, Medicinal roots, Poultices, Disinfectants for hygiene purposes, Fungicides, remedies for perspiration, Eucalyptus for pharmaceutical purposes, Eucalyptol for pharmaceutical purposes, Antiseptic, Medicinal alcohol, By Internet
Retail and wholesale services in relation to the following goods: Royal jelly dietary supplements, Propolis dietary supplements, Pollen dietary supplements, Yeast dietary supplements, Mint for pharmaceutical purposes, By-products of the processing of cereal seeds for dietetic or medical purposes, Medicated candy, medicinal tea, Syrups for pharmaceutical purposes, By Internet
Retail and wholesale services in relation to the following goods: Capsules for medicines, Vitamin preparations, Medicines for human purposes, Medicinal beverages, dietary fiber, Pharmaceutical and veterinary preparations, Sanitary preparations for medical purpose, Foodstuffs and dietetic substances adapted for medical or veterinary use, food supplements for human beings and animals, By Internet
Retail and wholesale services in relation to the following goods: Plasters, Materials for dressings, Pharmaceutical preparations, By Internet
Import-export agency services
Cost price analysis
Business appraisals
Price comparison services
Commercial administration of the licensing of the goods and services of others
Procurement services for others [purchasing goods and services for other businesses]
Sales promotion for others
Direct mail advertising services provided by lettershops
Direct mail advertising to attract new customers and to maintain the existing customer base
Public relations services
Advertising
Dissemination of advertising matter by mail
Dissemination of advertising matter online
Dissemination of advertisements
Online advertising on a computer network
Rental of advertising time on communication media
Layout services for advertising purposes
Publication of advertising literature
Advertising by mail order
Marketing
Business investigations
Demonstration of goods
Modelling for advertising or sales promotion
Organization of exhibitions for commercial or advertising purposes
Organization of trade fairs for commercial or advertising purposes
Presentation of goods on communication media, for retail purposes
Bill-posting
Rental of advertising space
Publicity material rental
Radio advertising
Television advertising
Production of advertising films
Data search in computer files for others
Commercial information and advice for consumers [consumer advice shop]
Professional business consultancy
Computerized file management
Administrative processing of purchase orders
Compilation of information into computer databases
Systemization of information into computer databases
Business information
Shop window dressing
Rental of sales stands
Provision of information and advice in relation to the abovementioned services Via communications media, electronic messaging, SMS, computer and internet networks or orally.