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EUTM file information

018736263

Dr. Max Happy Sleep

July 20, 2022

Trademark Summary

The trademark Dr. Max Happy Sleep was filed by Dr. Max BDC, s.r.o., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on January 29, 2023, and received one opposition filed on April 24, 2023 by SC FITERMAN PHARMA SRL on Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 24, 2023

The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).

The Opposition with reference B 003194634 was rejected according to Article 8(1)(b) CTMR with decision issued on June 6, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 3 with following description of goods:
    1. Cosmetics and cosmetic preparations
    2. Non-medicated cosmetics
    3. Herbal extracts for cosmetic purposes
    4. Non-medicated salves and gels.
  • The mark was filed in class 5 with following description of goods:
    1. Pharmaceutical and medical products and preparations
    2. Medicinal preparations, medicinal supplements
    3. Sanitary preparations and articles
    4. Sanitary preparations for medical use
    5. Medical devices and preparations included in this class
    6. Cosmetic preparations for medical purposes
    7. Herbal extracts for medical purposes
    8. Food supplements for medical purposes
    9. Dietetic substances adapted for medical use
    10. Dietetic substances, for medical use
    11. Vitamin preparations and supplements
    12. Medicated food supplements
    13. Nutritional supplements
    14. Food supplements, for use in the following fields: Calming, easy falling asleep and quality sleep
    15. Food supplements, for use in the following fields: Normal function of the nervous system
    16. Hops, All for medical purposes
    17. Valerian (Valeriana officinalis), All for medical purposes
    18. Lemon balm, All for medical purposes
    19. Amino acids for medical purposes
    20. Herbal products for medical purposes
    21. Medicinal drinks
    22. Vitamin C preparations
    23. Vitamin D preparations
    24. Vitamin and mineral preparations
    25. Homeopathic preparations
    26. Pharmaceutical, homeopathic and vitamin preparations, The aforesaid preparations in the form of tablets, pills, soft capsules and hard gelatine capsules
    27. Herbal capsules to help you sleep better and calm down.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising
    2. Advertising
    3. Marketing
    4. Online marketing, promotion and advertising
    5. Publicity and sales promotion services
    6. Distribution of product samples
    7. Business consulting
    8. Commercial information and advice for consumers in the choice of products and services
    9. Commercial intermediation services
    10. Arranging of trading transactions and commercial contracts
    11. Presentation of goods and services
    12. Product demonstrations and product display services
    13. Retail services, wholesale services, purchase and On-line shopping, in relation to the following goods: Cosmetology and Cosmetics, non-medicated cosmetics, herbal extracts for cosmetic purposes, Non-medicated salves and gels, Pharmaceutical and medicinal products and preparations, medicated preparations, medicinal supplements, Hygienic preparations and articles, Sanitary preparations for medical purposes, Medical devices and preparations, cosmetic preparations for medical purposes, Herbal extracts for medical use, Food supplements for medical purposes, dietetic substances for medical purposes, Dietary substances for medical use, Vitamin preparations and supplements, medicated food supplements, Nutritional supplements, dietary supplements, for use in the following fields: Calming, easy falling asleep and quality sleep, dietary supplements, for use in the following fields: Normal function of the nervous system, Hops Adapted for medical purposes, Valerian (Valeriana officinalis) Adapted for medical purposes, Lemon balm Adapted for medical purposes, Amino acids for medical purposes, Herbal products for medical purposes, Medicinal beverages, vitamin C preparations, vitamin D preparations, Vitamin and/or mineral preparations, Homeopathic preparations, Pharmaceutical, homeopathic and vitamin preparations, above-mentioned preparations in the form of tablets, powders, soft capsules and hard gelatine capsules, herbal capsules for better sleep and calming
    14. On-line retail store services, in relation to the following goods: Cosmetology and Cosmetics, non-medicated cosmetics, herbal extracts for cosmetic purposes, Non-medicated salves and gels, Pharmaceutical and medicinal products and preparations, medicated preparations, medicinal supplements, Hygienic preparations and articles, Sanitary preparations for medical purposes, Medical devices and preparations, cosmetic preparations for medical purposes, Herbal extracts for medical use, Food supplements for medical purposes, dietetic substances for medical purposes, Dietary substances for medical use, Vitamin preparations and supplements, medicated food supplements, Nutritional supplements, dietary supplements, for use in the following fields: Calming, easy falling asleep and quality sleep, dietary supplements, for use in the following fields: Normal function of the nervous system, Hops Adapted for medical purposes, Valerian (Valeriana officinalis) Adapted for medical purposes, Lemon balm Adapted for medical purposes, Amino acids for medical purposes, Herbal products for medical purposes, Medicinal beverages, vitamin C preparations, vitamin D preparations, Vitamin and/or mineral preparations, Homeopathic preparations, Pharmaceutical, homeopathic and vitamin preparations, above-mentioned preparations in the form of tablets, powders, soft capsules and hard gelatine capsules, herbal capsules for better sleep and calming
    15. Online wholesale services, in relation to the following goods: Cosmetology and Cosmetics, non-medicated cosmetics, herbal extracts for cosmetic purposes, Non-medicated salves and gels, Pharmaceutical and medicinal products and preparations, medicated preparations, medicinal supplements, Hygienic preparations and articles, Sanitary preparations for medical purposes, Medical devices and preparations, cosmetic preparations for medical purposes, Herbal extracts for medical use, Food supplements for medical purposes, dietetic substances for medical purposes, Dietary substances for medical use, Vitamin preparations and supplements, medicated food supplements, Nutritional supplements, dietary supplements, for use in the following fields: Calming, easy falling asleep and quality sleep, dietary supplements, for use in the following fields: Normal function of the nervous system, Hops Adapted for medical purposes, Valerian (Valeriana officinalis) Adapted for medical purposes, Lemon balm Adapted for medical purposes, Amino acids for medical purposes, Herbal products for medical purposes, Medicinal beverages, vitamin C preparations, vitamin D preparations, Vitamin and/or mineral preparations, Homeopathic preparations, Pharmaceutical, homeopathic and vitamin preparations, above-mentioned preparations in the form of tablets, powders, soft capsules and hard gelatine capsules, herbal capsules for better sleep and calming
    16. Purchase and sale brokerage, in relation to the following goods: Cosmetology and Cosmetics, non-medicated cosmetics, herbal extracts for cosmetic purposes, Non-medicated salves and gels, Pharmaceutical and medicinal products and preparations, medicated preparations, medicinal supplements, Hygienic preparations and articles, Sanitary preparations for medical purposes, Medical devices and preparations, cosmetic preparations for medical purposes, Herbal extracts for medical use, Food supplements for medical purposes, dietetic substances for medical purposes, Dietary substances for medical use, Vitamin preparations and supplements, medicated food supplements, Nutritional supplements, dietary supplements, for use in the following fields: Calming, easy falling asleep and quality sleep, dietary supplements, for use in the following fields: Normal function of the nervous system, Hops Adapted for medical purposes, Valerian (Valeriana officinalis) Adapted for medical purposes, Lemon balm Adapted for medical purposes, Amino acids for medical purposes, Herbal products for medical purposes, Medicinal beverages, vitamin C preparations, vitamin D preparations, Vitamin and/or mineral preparations, Homeopathic preparations, Pharmaceutical, homeopathic and vitamin preparations, above-mentioned preparations in the form of tablets, powders, soft capsules and hard gelatine capsules, herbal capsules for better sleep and calming.