The trademark PADRA was filed by PADRA CLINIC INC., a corporation established under the laws of Canada (the "Applicant"). The application was published for oppositions on December 4, 2022, and received one opposition filed on February 5, 2023 by PRADA S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Rousseau, Sylvain and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 5, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003189813 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 26, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Active chemical ingredients for use in the manufacture of pharmaceuticals
Additives for use in the manufacture of cosmetics
Adhesive preparations for surgical bandages
Adhesives for use in the manufacture of bandages
Adhesives for use in the manufacture of surgical bandages
Agglutinants for use in the manufacture of pharmaceuticals
Alcohol for use in manufacturing cosmetics
Alcohol for use in manufacturing pharmaceuticals
Zinc tungstate
Zinc sulphide
Zinc sulphate
Zinc silicate
Zinc phosphate
Zinc ethyl
Zinc chloride
Zinc acetate
Wetting agents for use in the manufacture of cosmetics
Water treatment chemicals
Vitamins for use in the manufacture of pharmaceuticals
Vitamins for use in the manufacture of cosmetics
Unprocessed synthetic resins for use in the manufacture of cosmetics
Tea extracts for use in the manufacture of pharmaceuticals
Tea extracts for use in the manufacture of cosmetics
Surfactants for use in the manufacture of hair shampoos
Siccatives for use in the manufacture of pharmaceuticals
Sensitized solder masks for use in the manufacture of printed circuit boards
Reagents for blood grouping, other than for medical or veterinary purposes
Proteins for use in the manufacture of cosmetics
Protein for use in the manufacture of cosmetics
Preservatives for use in the manufacture of cosmetics
Preservatives for pharmaceutical preparations
Plant extracts, other than essential oils, for use in the manufacture of cosmetics
Plant extracts for use in the manufacture of cosmetics
Pigment dispersant for use in the manufacture of cosmetics
Glutamic acid for use in the manufacture of cosmetics
Glutamic acid as raw materials for use in the manufacture of cosmetics
Genetic identity tests comprised of reagents for use in science
Fillers for soaps
Fillers for automobile body repair
Fillers for automobile bodies
Enzymes for use in water treatment
Enzymes for the brewing industry
Enzymes for brewing and malting
Enzyme preparations for use in the alcohol industry
Emulsifiers for the manufacture of pharmaceuticals
Emulsifiers for the manufacture of cosmetics
Emollients for use in the manufacture of pharmaceuticals
Emollients for use in the manufacture of cosmetics
Diagnostic reagents for in vitro use in biochemistry, clinical chemistry and microbiology
Diagnostic preparations for use in assessment of chemical skin sensitizers for scientific use
Diagnostic preparations for use in assessment of chemical respiratory sensitizers for scientific use
Diagnostic preparations for medical-scientific research use
Diagnostic biomarkers for use in assessment of toxicological properties of chemical compounds and mixtures for scientific use
Diagnostic biomarkers for use in assessment of genomic analysis for scientific use
Diagnostic biomarkers for use in assessment of chemical skin sensitizers for scientific use
Dendrimer-based polymers for use in the manufacture of capsules for pharmaceuticals
Collagen used as a raw ingredient in the manufacture of cosmetics
Chlorine for use in the manufacture of pharmaceuticals
Chemicals for use in the manufacture of soap
Chemically treated test strips for calibration of laboratory apparatus
Chemical products for use in the manufacture of fragrances
Chemical preservatives for use in the manufacture of soaps
Chemical preservatives for use in the manufacture of vegetable oils
Chemical preparations for use in the production of medicines
Chemical preparations for use in the manufacture of pharmaceuticals
Chemical preparations for use in the manufacture of cosmetics
Cellulose esters for use in the manufacture of pharmaceuticals
Carboxymethyl cellulose used as rheology modifiers in the manufacture of cosmetics
Carboxymethyl cellulose used as excipient agents in the manufacture of pharmaceuticals
Carboxymethyl cellulose used as anti-reabsorption agents in the manufacture of waxes
Carbonic hydrates
Botanical extracts, other than essential oils, for use in making cosmetics
Botanical extracts for use in making cosmetics
Botanical and botanically derived extracts for use in the manufacture of cosmetics
Blood powder fertilizer
Bismuth subnitrate for use as a white pigment in cosmetics
Bacteria for the production of biochemicals
Anthranilic acid
Antioxidants for use in the manufacture of pharmaceuticals
Antioxidants for use in the manufacture of cosmetics
Antibody reagents for scientific purposes
Algarovilla for use in tanning
Adhesives for surgical bandages
Active chemical ingredients for use in the manufacture of anti-cancer drugs
Acetic acid
Detergents for use in the manufacture of hair shampoo
Surfactants for use in the manufacture of hair shampoo
Curing preparations for skins
Substances for tanning animal skins and hides
Tanning oils for animal skins
Chemical additives for use in the manufacture of cosmetics
Collagen for use as a raw ingredient in the manufacture of cosmetics
Detergents for use in the manufacture of cosmetics
Fermented rice bran for use in the manufacture of cosmetics
Herb extracts, other than essential oils, for use in the manufacture of cosmetics
Chemical preservatives for use in the manufacture of soap and vegetable oils
Metallic soap for industrial purposes
Calcium-based algae nutrient supplements for use in aquaria
Prebiotics for use in the manufacture of food supplements
Probiotics for use in the manufacture of food supplements
Proteins for use in the manufacture of food supplements
Synbiotics for use in the manufacture of food supplements
Vitamins for use in the manufacture of food supplements
Whey proteins for use in the manufacture of food supplements
Wax-bleaching chemicals
Chemical additives for lubricating oils
Cellulose paste
Plastics in unprocessed form, in powder, liquid or paste form
Starch paste for industrial purposes
Unprocessed artificial resins as raw materials in the form of powders, liquids or pastes
Unprocessed plastic materials in powder, liquid or paste form
Unprocessed plastics materials in powder, liquid or paste form
Diagnostic strips for testing breast milk, other than for medical or veterinary use
Genetic identity tests comprised of reagents for non-medical purposes
Reagents for testing the sterility of medical equipment
Stem cells for scientific and medical research.
The mark was filed in class 5 with following description of goods:
Adhesive bandages for skin wounds
Bandages for skin wounds
Diagnostic biomarkers for use in assessment of chemical skin sensitizers for medical use
Diagnostic test patches for application to the skin for determining allergies
Liquid bandages for skin wounds
Processed human donor skin for the replacement of soft tissue
Skin grafts
Adhesive bandages
Adhesive bandages for medical purposes
Antiseptic liquid bandages
Bandages for dressings
Ear bandages
Eye bandages for medical purposes
Liquid bandage sprays
Liquid bandages
Moleskin for use as a medical bandage
Surgical bandages
Delivery agents in the form of coatings for tablets that facilitate the delivery of nutritional supplements
Drug delivery agents in the form of coatings for tablets that facilitate the delivery of pharmaceutical preparations
First-aid kits containing primarily adhesive plasters, antihistamine creams or tablets, sterile gauze dressings and antiseptic creams or sprays
Medicated food supplements being tablets for maintaining normal blood pressure and heart function
Capsules, empty, for pharmaceuticals
Drug delivery agents in the form of capsules that provide controlled release of the active ingredients for a wide variety of pharmaceuticals
Dental waxes
Pharmaceutical preparations for the treatment of diseases, disorders and infections of the endocrine system, namely growth and thyroid disorders
Material for dental fillings and dental impressions
Material for filling teeth
Albumin for use as a therapeutic agent in surgery and blood loss.
The mark was filed in class 10 with following description of goods:
Abdominal belts
Abdominal belts for medical purposes
Abrasive wheels for dental purposes
Adhesive medical pads and patches used to affix medical devices to the body
Anaesthesia masks
Anaesthetic delivery apparatus
Armchairs for medical or dental purposes
Artificial skin for surgical use
Artificial teeth and teeth caps
Bits for dental drills
Blood collection bags for medical purposes
Body-fat monitors
Chemically activated cold compresses for medical purposes
Chemically activated cold gel packs for medical purposes
Chemically activated hot compresses for medical purposes
Chemically activated hot gel packs for medical use
Cosmetic micro needling devices for stimulating the collagen in the skin
Cosmetic micro needling devices to improve skin tone- texture and hydration
Cotyloid implants made from artificial materials
Dental implants
Lasers for skin treatment
Lasers for the cosmetic treatment of the face and skin
Lasers for the cosmetic treatment of the face- skin- hair follicles
Surgical skin staplers
Face covers being sanitary masks for protection against viral infection
Face masks being sanitary masks for protection against viral infection
Face masks for medical purposes
Face masks for surgical use
Face masks for surgical use for antibacterial protection
Face masks for surgical use for toxic substance protection
Face shields for dental use
Face shields for medical use
Personal protective face shields for medical use
Protective face masks for dental use
Protective face masks for medical use
Sanitary face masks for protection against viral infections
Sanitary face shields for protection against viruses and germs for personal use
Transparent face shields for use by medical personnel
Facial toning machines for cosmetic use
Lasers for cosmetic purposes
Lasers for beauty therapy
Subcutaneous valves comprised of artificial materials for implantation
Subcutaneous valves for implantation
Surgical implants comprised of artificial materials for gum tissue regeneration
Surgical implants comprised of artificial materials for replacing human tissue
Surgical implants comprised of artificial materials for use in guided tissue regeneration
Implants for use in facial surgery
Surgical blades
Dental chairs
Dental curing lights
Dental drill bits
Dental drills
Dental LED curing lights
Dental picks for use in dental treatment
Dentists' chairs
Devices for measuring blood sugar
Devices for measuring intracranial pressure
Disposable protective clothing for medical purposes
Disposable protective footwear for medical purposes
Disposable protective headgear for medical purposes
Dressing forceps for medical use
Dressing forceps for surgical use
Drilling instruments for dental use
Drilling jigs for dental applications
Drilling jigs for surgical applications
Drills for dental purposes
Drills for surgical applications
Examination gloves for medical purposes
Facial massagers
Facial prostheses
Heat lamps for medical purposes
Implantable drug delivery pumps
Medical ice packs
Microneedle dermal pens
Pins for artificial teeth
Protective gloves for medical use
Scalp massagers
Scalpels
Surgical cutters
Surgical drill bits
Surgical instruments
Surgical needles
Surgical pliers
Surgical probes
Surgical punches
Surgical robots
Surgical scrub hats
Surgical shoe covers
Surgical staple removers
Surgical sutures
Surgical thread
Surgical tourniquets
Suspensory bandages
Suture materials
Suture needles
Sutures
Syringe barrels
Syringes for extracting venom
Syringes for injections
Syringes for medical purposes
Teething soothers
Therapeutic facial masks
Tube skin tubular bandages
Tubular support bandages
USB lamps for medical applications
Uterine syringes
Vaporizers for medical purposes
Vibrators massagers
Water bags for medical purposes
Water beds for medical purposes
Water pillows for medical purposes.
The mark was filed in class 35 with following description of goods:
Mail order retail services in relation to medical supplies
On-line retail store services connected with the sale of medical instruments
On- line wholesale store services connected with the sale of medical instruments
Online sale of medical supplies
Retail services for medical instruments
Retail services for medical supplies
Wholesale sale of medical supplies
Wholesale services for medical instruments
Wholesale services for medical supplies
On-line retail store services connected with the sale of sanitary installations
On-line wholesale store services connected with the sale of sanitary installations
Retail services for sanitary installations
Wholesale services for sanitary installations
On-line wholesale store services connected with the sale of physical therapy equipment
Wholesale store services connected with the sale of audio-visual equipment.
The mark was filed in class 44 with following description of goods:
Behavioural analysis for medical purposes
Blood collection services
Blood pressure screening services
Body piercing services
Bodywork therapy
Cardiac telemetry monitoring of a patient’s heart rate
Chiropractic
Collection and preservation of human blood
Consultancy in the field of nutrition
Cosmetic and plastic surgery
Cosmetic and plastic surgery clinic services
Cosmetic dentistry services
Cosmetic laser treatment of spider veins
Cosmetic laser treatment of tattoos
Cosmetic laser treatment of varicose veins
Cosmetic surgery
Cosmetic surgery services
Cultured cell bank services for medical transplantation
Dental clinics
Dental consultations
Dental hygienist services
Dental imaging services
Dentistry services
Dermatological services
Dermatology services
Dietary and nutritional advice
Dietary and nutritional guidance
Dietetic advisory services
Dietitian services
Dispensing of pharmaceuticals
DNA screening for medical purposes
Evaluation of clinical effectiveness for others
Eyecare services
Fitting of dentures
Fitting of prosthetic devices
Genetic counselling
Genetic testing for medical purposes
Hair implantation
Hair transplant services
Health assessment services
Hospital services
Injectable filler treatments for cosmetic purposes
Laser removal of spider veins
Laser removal of toenail fungus
Laser removal of varicose veins
Laser tattoo removal services
Laser vision correction services
Laser vision surgery services
Leasing of medical equipment
Liposuction services
Managed health care services namely, electronic processing of health care information
Medical and surgical diagnostic services
Medical care and analysis services relating to patient treatment
Medical clinic services
Medical diagnostic services
Medical equipment rental
Medical evaluation services for patients receiving rehabilitation for purposes of guiding treatment and assessing effectiveness
Medical examination services
Medical house call services
Medical laboratory services for the analysis of blood samples taken from patients
Medical nursing services
Medical screening
Medical services for the treatment of skin cancer
Medical services in the field of treatment of chronic pain
Medical testing for diagnostic or treatment purposes
Medical testing services
Medical treatment services provided by clinics and hospitals
Mobile medical clinic services
Nursing services
Nutrition consultancy
Nutrition counselling
Nutritional advisory services
Nutritional and dietetic consultancy
Operation of a wellness centre providing dental services
Operation of a wellness centre providing drug counselling
Performance measurement evaluations in the field of health
Pharmaceutical advice
Pharmaceutical and drug review services of others
Pharmaceutical consultancy services
Pharmacy advice
Pharmacy dispensary services
Pharmacy services
Plastic and cosmetic surgery clinic services
Plastic surgery services
Preparation and dispensing of medications
Preparing evidence-based reports of others in the field of pharmaceuticals
Professional consultancy in the field of medical technology, medical surgery and orthopaedics
Providing information about dietary supplements and nutrition
Providing information relating to nursing care services
Providing information to patients in the field of administering medications
Providing laser therapy for treating medical conditions
Providing long-term care facilities
Providing medical advice in the field of dermatology
Providing medical advice in the field of weight loss
Providing medical information in the field of dermatology
Providing medical information in the field of weight loss
Providing nutritional information about food for medical weight loss purposes
Compilation of medical reports
Providing on-line information relating to the prevention of cardiovascular disease and strokes
Providing pharmaceutical information
Providing weight loss programme services
Public health counselling
Remote monitoring of medical data for medical diagnosis and treatment
Rental of surgical robots
Sports medicine services
Teeth whitening
Weight loss clinics
Weight reduction diet planning and supervision
Advisory services relating to weight control
Providing nutritional information about drinks for medical weight loss purposes.