The trademark HelioPlant was filed by EXHELIOS SRL, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on July 19, 2022, and received one opposition filed on October 19, 2022 by Dulces y Conservas HELIOS, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BALDER IP LAW, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 19, 2022
The application was filed in Romanian, and Romanian 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:
Massage creams, not medicated
Aromatherapy creams
Perfumed creams
Scented body creams
Scented body lotions and creams
Essential oil-based creams for aromatherapy use
Fluid creams [cosmetics]
Washing creams
Beauty balm creams
Cosmetics in the form of creams
Recovery creams for cosmetic use
Body and facial creams [cosmetics]
Non-medicated creams
Nutritional creams (Non-medicated -)
Non-medicated foot cream
Creams (Non-medicated -) for the body
Non-medicated cleansing creams
Non-medicated skin creams
Moisturising creams
Barrier creams
Body mask cream
Skin cream
Hair creams
Hair protection creams
Conditioning creams
Skin conditioning creams for cosmetic purposes
Massage gels, other than for medical purposes
Gel scrub
Lavender gel
Body gels
Soaps and gels
Body and facial gels [cosmetics]
Mattifying gel cream
Eye gels
Cosmetic eye gels
Face gels
Beauty lotions
Beauty tonics for application to the body
Beauty tonics for application to the face
Cosmetic creams and lotions
Salves [non-medicated]
Pomades for cosmetic purposes.
The mark was filed in class 5 with following description of goods:
Anti-inflammatory gels
Gels for dermatological use
Medicated body gels
Pharmaceutical creams
Medicated creams
Therapeutic creams [medical]
Body creams [medicated]
Pain relieving creams
Creams (Medicated -) for the feet
Medicated skin creams
Face cream (Medicated -)
Creams (Medicated -) for the lips
Creams for dermatological use
Protective creams (Medicated -)
Topical analgesic creams
Acne creams [pharmaceutical preparations]
Medicinal creams for the protection of the skin
Skin care creams for medical use
Antifungal creams for medical use
Moisturising creams [pharmaceutical]
Hemorrhoidal ointments
Extracts of medicinal herbs
Herbal medicine
Herbal preparations for medical use
Herbal extracts for medical purposes
Herbal creams for medical use
Herbal compounds for medical use
Herbal sprays for medical use
Pharmaceuticals and natural remedies
Preparations for use in naturopathy
Natural clay for therapeutic purposes
Naturally derived antimicrobials for dermatological use
Probiotic preparations for medical use to help maintain a natural balance of flora in the digestive system
Decoctions of medicinal herb
Herbal extracts for medical purposes
Plant and herb extracts for medicinal use
Antioxidant pills
Appetite suppressant pills
Allergy tablets
Pills for tinnitus treatment
Medicinal ointments
Multi-purpose medicated mentholated salves
Mercurial ointments
Creams (Medicated -) for the feet
Night creams [medicated]
Medicated creams for the care of the feet
Corn and callus creams
Hand creams for medical use
Babies' creams [medicated]
Body creams for pharmaceutical use
Skin care creams for medical use
Creams (Medicated -) for application after exposure to the sun
Multi-purpose medicated antibiotic creams
Medicated lotions
Medicated lotions for the hands
Medicated skin lotions
Medicated skin lotions
Lotions for pharmaceutical purposes
Medicated hair lotions
Skin tonics [medicated]
Eye lotions for medical use
Tissues impregnated with pharmaceutical lotions
Skin care lotions [medicated]
Antibacterial hand lotions
Medicinal ointments
Balsamic preparations for medical purposes
Multi-purpose medicated analgesic balms
Mouthwashes for medical purposes
Cleansing solutions for medical use
Antibacterial handwashes
Sterile solutions for medical purposes
Solutions for medical use in washing the nasal passages
Corn remedies
Saline solution for sinus and nasal irrigation
Medicated brush-on oral care gels
Gel scrub, medicated
Antibacterial gels
Topical gels for medical and therapeutic use
Alcohol-based antibacterial skin sanitizer gels
Air deodoriser gel
Pharmaceutical preparations for the prevention of stretch marks
Pharmaceutical products and preparations to prevent stretch marks.
The mark was filed in class 35 with following description of goods:
Help in the management of business affairs or commercial functions of an industrial or commercial enterprise
Advisory services and information in business organization and management
Business administration
Advertising
Online advertisements
Advertising services relating to cosmetics
Providing consumer product advice relating to cosmetics
Commercial information and advice services for consumers in the field of cosmetic products
Commercial information and advice services for consumers in the field of beauty products
Providing consumer product information relating to cosmetics