The trademark ABDI FARMA GmBH was filed by Abdi Ibrahim Ilaç Sanayi ve Ticaret Anonim Sirketi, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on April 25, 2022, and received one opposition filed on July 19, 2022 by Aldi GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 19, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations for medical purposes
Chemical preparations for medical and veterinary purposes
Chemical reagents for pharmaceutical and veterinary purposes
Medicated cosmetics
Dietary supplements for pharmaceutical and veterinary purposes
Dietary supplements
Nutritional supplements
Medical preparations for slimming purposes
Food for babies
Herbs and herbal beverages adapted for medicinal purposes
Dental preparations and articles, namely, teeth filling material, dental impression material, dental adhesives and material for repairing teeth
Sanitary preparations for medical use
Hygienic pads
Hygienic tampons
Plasters
Materials for dressings
Diapers made of paper and textiles for babies, adults and pets
Preparations for destroying vermin
Herbicides, fungicides, preparations for destroying rodents
Deodorants, other than for human beings or for animals
Air purifying preparations
Air deodorising preparations
Disinfectants
Antiseptics
Detergents for medical purposes
Medicated soaps
Disinfectant soaps
Antibacterial hand lotions.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and public relations
Organization of exhibitions and trade fairs for commercial or advertising purposes
Design for advertising
Provision of an online marketplace for buyers and sellers of goods and services
Office functions
Secretarial services
Arranging newspaper subscriptions for others
Compilation of statistics
Rental of office machines
Systemization of information into computer databases
Telephone answering for unavailable subscribers
Business management, business administration and business consultancy
The bringing together, for the benefit of others, of a variety of goods, namely, bleaching and cleaning preparations, detergents other than for use in manufacturing operations and for medical purposes, laundry bleach, fabric softeners for laundry use, stain removers, dishwasher detergents
Perfumery, non-medicated cosmetics, fragrances, deodorants for personal use and animals, soaps, dental care preparations, dentifrices, denture polishes, tooth whitening preparations, mouth washes, not for medical purposes, abrasive preparations, emery cloth, sandpaper, pumice stone, abrasive pastes, polishing preparations for leather, vinyl, metal and wood, polishes and creams for leather, vinyl, metal and wood, wax for polishing
The bringing together, for the benefit of others, of a variety of goods, namely, pharmaceutical and veterinary preparations for medical purposes, chemical preparations for medical and veterinary purposes, chemical reagents for pharmaceutical and veterinary purposes, medicated cosmetics, dietary supplements for pharmaceutical and veterinary purposes, dietary supplements, nutritional supplements, medical preparations for slimming purposes, food for babies
The bringing together, for the benefit of others, of a variety of goods, namely herbs and herbal beverages adapted for medicinal purposes, dental preparations and articles, teeth filling material, dental impression material, dental adhesives and material for repairing teeth, sanitary preparations for medical use, hygienic pads, hygienic tampons, plasters, materials for dressings, diapers made of paper and textiles for babies, adults and pets
The bringing together, for the benefit of others, of a variety of goods, namely preparations for destroying vermin, herbicides, fungicides, preparations for destroying rodents, deodorants, other than for human beings or for animals, air purifying preparations, air deodorising preparations, disinfectants, antiseptics, detergents for medical purposes, medicated soaps, disinfectant soaps, antibacterial hand lotions, surgical, medical, dental and veterinary apparatus and instruments
The bringing together, for the benefit of others, of a variety of goods, namely furniture especially made for medical purposes, artificial limbs and prostheses, medical orthopaedic articles, corsets for medical purposes, orthopaedic shoes, elastic bandages and supportive bandages, surgical gowns and surgical sterile sheets
The bringing together, for the benefit of others, of a variety of goods, namely adult sexual aids, condoms, babies' bottles, babies' pacifiers, teats, teethers for babies, bracelets and rings for medical purposes, anti-rheumatism bracelets, anti-rheumatism rings
Enabling customers to conveniently view and purchase those goods, such services may be provided by retail stores, wholesale outlets, by means of electronic media or through mail order catalogues.