The trademark mivel was filed by Synbiotic Health GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 19, 2022, and received one opposition filed on August 18, 2022 by Bayer Intellectual Property GmbH on Likelihood of confusion. the opponent was represented by BOMHARD IP, S.L. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 18, 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:
Deodorants and antiperspirants
Bath preparations
Hair preparations and treatments
Body cleaning and beauty care preparations
Cleaning and fragrancing preparations
Oral hygiene preparations
Skin, eye and nail care preparations
Soaps and gels
Make-up
Tonics [cosmetic]
Body sprays [non-medicated]
Soap solutions
Hair serums
Shampoos
Anti-ageing serum
Beauty serums
Shaving foam
Bubble bath
Cleansing foam
Moist wipes for sanitary and cosmetic purposes
Bath salts
Perfumery and fragrances
Make-up removing preparations
Hair care preparations, not for medical purposes
Non-medicated body care preparations
Cosmetic preparations for bath and shower
Cosmetic preparations for skin renewal
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Cosmetic sun-protecting preparations
Depilatory preparations
Pomades for cosmetic purposes
Body oils [for cosmetic use]
Massage oils
Oils for cosmetic purposes
Shaving oils
Skin care oils [non-medicated]
Oils for hair conditioning
Cleansing oil
Ethereal oils
Mousses [cosmetics]
Hair nourishers
Body masks
Facial masks
Hair masks
Lotions for cosmetic purposes
Balms, other than for medical purposes
Cleansing milk for toilet purposes
Cosmetic moisturisers
Cosmetic rouges
Make up foundations
Fragrances
Exfoliating scrubs for cosmetic purposes
Emollients
Exfoliants
Make-up pads of cotton wool
Detergents
Dentifrices and mouthwashes
Cosmetics
Make-up powder
Depilatory wax
Bath foam
Cleansing balm.
The mark was filed in class 5 with following description of goods:
Probiotic supplements
Probiotic bacterial formulations for medical use
Reagents for microbiological analysis [for medical purposes]
Antimicrobial preparations for inhibiting microbiological decomposition
Vitamins and vitamin preparations
Dietary supplements and dietetic preparations
Nutritional supplements
Probiotic preparations for medical use to help maintain a natural balance of flora in the digestive system
Pharmaceutical preparations for treating gastrointestinal disorders
Medicines for intestinal disorders
Gastrointestinal preparations
Medicines for the treatment of gastrointestinal diseases
Pharmaceutical preparations and substances for the treatment of gastro-intestinal diseases
Gastrointestinal cleaning agents
Dietetic substances adapted for medical use
Tonics [medicines]
Natural remedies
Skin care oils [medicated]
Preparations of microorganisms for medical purposes
Impregnated medicated wipes
Skin calming serum [medicated]
Medicated skin toners
Medicated shampoos
Bath salts for medical purposes
Scrubs [preparations] for medical use
Medicinal mud
Massage gels for medical purposes
Cachets for medicinal purposes
Thermal water
Mineral waters for medical purposes
Antibacterial clay preparations
Mud for baths
Medicated and sanitising soaps and detergents
Dietary supplements for humans not for medical purposes
All the aforesaid goods other than preparations and substances for use in gynaecology and hormone preparations.