The trademark VELLA was filed by Vella Bioscience, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on June 16, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on September 14, 2022 by Orifarm Group A/S on Likelihood of confusion. the opponent was represented by Bugge Valentin Advokatpartnerselskab and its proceedings were handled in English The second opposition filed on August 31, 2022 by HEXAL AKTIENGESELLSCHAFT on Likelihood of confusion. the opponent was represented by Nordemann Czychowski & Partner Rechtsanwältinnen und Rechtsanwälte mbB and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 9, 2022. Change of name and professional address of the trademark registration was recorded on August 17, 2022. Appointment and Replacement of representative of the trademark registration was recorded on June 5, 2023.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Perfumery
Essential oils
Moisturising preparations
Massage oils and lotions
Massage creams
Massage gels
Body lotions
Aromatherapy creams
Non-medicated serums, creams and gels for vaginal use
Skin calming serums
Cleansers for intimate personal hygiene purposes, non-medicated
Cleaning preparations for personal use
Non-medicated toiletry preparations for personal use
Vaginal washes for personal sanitary or deodorant purposes
Vaginal creams, lotions, gels and serums for personal purposes
Aromatherapy creams for relieving stress and enhancing sexual arousal
None of the aforesaid goods in the field of clinical, medical or veterinary diagnosis.
The mark was filed in class 5 with following description of goods:
Cannabidiol oils
Hemp oils for medical purposes
Cannabis for medical purposes
Marijuana for medical purposes
Personal lubricants
Vaginal lubricants
Sexual stimulant gels
Personal sexual lubricants
Lubricant gels for personal use
Herbal supplements for boosting sexual arousal
Preparations for facilitating sexual coupling
Spermicidal gels, liquids and creams
Hygienic lubricants and disinfectants for use in the area of the vagina, penis and anus
Vaginal moisturizers
Orgasm cream
Topical preparations, including, sprays, gels, liquids and creams for sexual health and enhancing sexual arousal
Serums for boosting sexual arousal
Pharmaceutical preparations and substances, including supplements, all aforementioned items only for sexual health and enhancing sexual arousal
Creams, lotions, gels and serums to enhance sexual pleasure
Creams, lotions, gels and serums for vaginal relaxation
None of the aforesaid goods in the field of clinical, medical or veterinary diagnosis
None of the aforesaid goods relating to wound care
None of the aforementioned goods relating to pharmaceutical preparations, nutritional supplements, mineral and vitamins
None of the aforementioned goods being contraceptive preparations nor preparations for the treatment of acne.
The mark was filed in class 35 with Promoting public awareness in relation to sexual health or sex and social issues.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Coaching [training]
Arranging and conducting of courses, workshops and seminars
Provision of online tutorials
Planning seminars, lectures and conferences
Training and educational services relating to health matters, sexual health and sexual wellbeing
Provision of entertainment or cultural information and advisory services relating to health matters, sexual health and sexual wellbeing
Organisation of events in the field of health and wellness
Providing on-line electronic publications, not downloadable
Publishing services including publication of texts, leaflets, magazines, reports, printed matter, non-downloadable electronic publications, electronic journals and web logs
Providing a website with non-downloadable publications in the nature of articles, brochures, leaflets, reports, blog posts in the field of health, wellness, sexual health and wellbeing
Publishing scientific information in the field of sexual health and wellbeing
Providing computer, electronic and online databases for educational, recreational and amusement use in the field of health, sexual health or sexual wellbeing
Production, presentation and distribution of audio, video, still and moving images and data
Photo sharing and video sharing services
Information, advisory and consultancy services relating to the aforesaid services
None of the aforesaid being in relation to driver assistance, automated or autonomous driving for motor vehicles and electric motor vehicles
None of the aforesaid services in the field of clinical, medical or veterinary diagnosis
None of the aforesaid services relating to wound care
None of the aforementioned services relating to pharmaceutical preparations, nutritional supplements, mineral and vitamins.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Scientific analysis
Provision of surveys [scientific]
Compilation of scientific information
Scientific research into sexual health, wellbeing and pleasure
Conducting clinical trials for others in the field of sexual health, wellbeing and pleasure
Chemical and biological research and analysis
Testing of chemicals
Preparation of reporting relating to chemical research
Assessing chemical information in relation to risks
Product research and development
Quality testing and assessment services
Medical research services
Pharmaceutical research services
Computer services
Research services
Creating virtual communities for users to organise groups and events, participate in discussions, and engage in social, business and community networking
Hosting electronic facilities for others for organising and conducting meetings, events and interactive discussions via communication networks or the internet
Application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, capturing, posting, showing, editing, playing, streaming, viewing, previewing, displaying, tagging, blogging, linking, sharing, manipulating, distributing, publishing, reproducing or otherwise providing electronic media, multimedia content, videos, pictures, images, text, photos, user-generated content, audio content or information via the Internet and other computer and communications networks
Issuing of scientific information in the field of sexual health and wellbeing
None of the foregoing services for use in connection with apparatus or software for use with systems for driver assistance or for automated or autonomous driving for motor vehicles
None of the aforesaid services in the field of clinical, medical or veterinary diagnosis
None of the aforesaid services relating to wound care
None of the aforementioned services relating to pharmaceutical preparations, nutritional supplements, mineral and vitamins.
The mark was filed in class 44 with following description of goods:
Provision of health information relating to sexual health and wellbeing
Provision of health information relating to sex, sexual health and wellbeing from searchable indexes and databases of information, including text, electronic documents, databases, graphics and audio visual information, on computer and communication networks
Providing health information relating to the benefits of hemp-derived substances to enhance sexual pleasure
Counselling services relating to sexual health
Medical and contraceptive consultancy services
Information services relating specifically to contraception, sexual health and sexually transmitted diseases
None of the aforesaid services in the field of clinical, medical or veterinary diagnosis
None of the aforesaid services relating to wound care
None of the aforementioned services relating to pharmaceutical preparations, nutritional supplements, mineral and vitamins.