The trademark .skalea was filed by .skalea AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on May 1, 2022, and received one opposition filed on May 29, 2022 by PLATINA COSMÉTICOS LTDA. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MARQUESMARCAS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 29, 2022
The application was filed in German, and German 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:
Aromatic oils
Aromatherapy preparations
Aromatic oils for the bath
Aromatics [essential oils]
Aromatic essential oils
Essential oils for aromatherapy use
Aromatherapy oil
Essential oil-based creams for aromatherapy use
Aromatherapy creams
Aromatherapy lotions
Scented sachets
Essential oils and aromatic extracts
Perfumery and fragrances
Non-medicated cosmetics, except in the form of creams and lotions
Cosmetics in the form of oils
Oils for toilet purposes
Body and facial oils
Skin care preparations, except in the form of creams and lotions
Cosmetics for use on the skin, except in the form of creams and lotions
Beauty care cosmetics, except in the form of creams and lotions
Essential oils for the care of the skin
Bath salts
Cosmetic preparations for skin care, except in the form of creams and lotions
Cosmetic sunprotecting preparations
Sunscreen
Sunscreen cream
Sunscreen preparations
Household fragrances
Room fragrancing preparations
Massage oils
Massage waxes.
The mark was filed in class 4 with Aromatherapy fragrance candles and Perfumed candles..
The mark was filed in class 21 with following description of goods:
Shaker bottles sold empty
Drinking bottles
Drinking bottles for sports
Foil food containers
Glass storage jars
Household containers of precious metal
Insulating flasks
Insulating jars
Heat-insulated containers for beverages
Thermally insulated containers for food
Lunch boxes
Lunch boxes made of metal
Sandwich boxes
Tea caddies
Storage tins.
The mark was filed in class 27 with Gymnastic mats and Yoga mats..
The mark was filed in class 28 with following description of goods:
Body training apparatus [exercise]
Exercise bands
Machines for physical exercises
Apparatus for achieving physical fitness [for non-medical use]
Sporting and physical exercise equipment
Sporting articles and equipment
Aerobic steps
Balls being sporting articles
Stomach exercisers
Leg weights [sports articles]
Chest expanders [exercisers]
Indoor fitness apparatus
Kettle bells
Body training apparatus [exercise]
Push-up handles
Sporting articles
Sports equipment
Skipping ropes
Exercise balls
Gym balls for yoga
Yoga blocks
Gym balls
Appliances for gymnastics
Appliances for gymnastics
Balls for juggling
Hoops for rhythmic sportive gymnastics
Machines for physical exercises
Grip balls in the nature of rubber ball for hand exercise
Rings for sports
Gymnastic and sporting articles
Yoga straps
Yoga wheels
Manually operated exercise equipment
Dumb-bells
Rings for gymnastics
Sports roundabouts
Wobble boards
Underlays for training of balance
Wrist weights
None of the aforementioned goods relating to golf.
The mark was filed in class 35 with following description of goods:
Retail services in relation to dietary supplements
Retail services relating to food
Retail store services in the field of clothing
Retail services in relation to sporting equipment
Retail services in relation to foodstuffs
Retail services in relation to sporting articles
Retail services in relation to non-alcoholic beverages
Retail services in relation to clothing
Retail services in relation to coffee
Retail services in relation to tableware
Retail services in relation to chocolate
Retail services in relation to teas
Retail services relating to fragrancing preparations
Retailing in relation to cosmetics and beauty products, excluded shampoo, hair care preparations, hair care and body care soap and creams, body cleaning and beauty care preparations in the form of creams and lotions, cosmetics for use on and the skin in the form of creams and lotions, beauty care cosmetics in the form of creams and lotions, cosmetics form of creams, beauty balm creams, body cream, skin lotion.
The mark was filed in class 41 with following description of goods:
Education services relating to meditation
Exercise [fitness] training services
Keep-fit instruction
Exercise [fitness] advisory services
Conducting fitness classes
Personal trainer services [fitness training]
Provision of educational services relating to exercise
Health and fitness training
Tuition in physical fitness
Exercise instruction
Physical fitness instruction for adults and children
Physical fitness consultation
Sports and fitness services
Provision of educational health and fitness information
Conducting training sessions on physical fitness online
Education, entertainment and sport services
Education, entertainment and sports
Education and instruction services
Provision of instruction relating to exercise
Dietary education services
Educational services relating to physical fitness
Educational services relating to beauty therapy
Consultancy relating to physical fitness training
Educational and training services relating to healthcare
Provision of instruction relating to nutrition
Conducting training courses relating to nutrition online
Correspondence courses, distance learning
Instruction courses relating to physical fitness
Keep fit instruction services
Provision of educational services relating to exercise
Conducting courses, seminars and workshops
Training services relating to fitness
Provision of educational services relating to fitness
Health and wellness training
Physical training services
Aerial fitness instruction
Teaching of diet education
Physical fitness instruction
Provision of keep fit facilities
Fitness club services
Physical fitness centre services
Personal trainer services
Sporting services
Conducting physical fitness conditioning classes
Tuition in physical fitness
Education services relating to meditation
Gymnastic instruction
Physical fitness assessment services for training purposes
Provision of information on fitness training via an online portal
Provision of information relating to physical training via an online web site.
The mark was filed in class 44 with following description of goods:
Meditation services
Fitness testing
Medical testing services, namely, fitness evaluation
Aromatherapy services
Providing information relating to dietary and nutritional supplements.