The trademark BetterU was filed by American Technology International (ATI), a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on July 31, 2022, and received one opposition filed on October 30, 2022 by BETTERSTYLE INTERNATIONAL SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ on Likelihood of confusion. the opponent was represented by BRANDPAT Kancelaria Rzeczników Patentowych Chlebicka Czyż Ziolkowski sp.p. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 30, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2023.The first Cancellation was filed by BetterYou Limited (represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE) on July 11, 2024 and Adversarial proceedings are ongoing.
Appointment and Replacement of representative of the trademark registration was recorded on January 15, 2023. Change of name and professional address of the trademark registration was recorded on August 7, 2023. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on July 15, 2024.
Goods And Services
The mark was filed in class 3 with following description of goods:
Multifunctional cosmetics
Natural cosmetics
Cosmetic moisturisers
Skincare cosmetics
Non-medicated cosmetics
Anti-ageing creams
Anti-ageing moisturiser
Anti-wrinkle creams
Sun screen
Sun care lotions
Sun tan lotion
Non-medicated massage preparations
Hair dyes
Beard dyes
All with the exception of beauty soap.
The mark was filed in class 5 with following description of goods:
Health food supplements made principally of vitamins
Nutritional supplement meal replacement bars for boosting energy
Health food supplements made principally of minerals
Vitamin and mineral supplements
Vitamin and mineral food supplements
Vitamin supplement patches
Vitamins and vitamin preparations
Vitamin supplements
L-carnitine for weight loss
Diet capsules
Dietary supplements for controlling cholesterol
Protein dietary supplements
Dietary and nutritional supplements
Dietary supplements and dietetic preparations
Dietary supplements.
The mark was filed in class 9 with following description of goods:
Electronic monitoring instruments, other than for medical use
Respiration monitors, other than for medical use
Monitoring apparatus, other than for medical purposes
Respiratory monitors [non-medical]
Wearable monitors
Health monitoring software
Wearable digital electronic communication devices
Wearable digital electronic devices capable of providing access to the Internet
Apparatus for monitoring water consumption
Sensors for monitoring physical movements
Wearable activity trackers
Reading glasses
Glasses cases
Make up goggles
Eyeglasses.
The mark was filed in class 10 with following description of goods:
Hearing aids
Programmable hearing aids
Earmoulds being parts of hearing aids
Digital hearing aids
Analog hearing aids
Walking aids [for medical purposes]
Massage chairs with built-in massage apparatus
Massage chairs
Electric massage chairs
Massage apparatus
Non-electric massage apparatus
Instruments for massage
Vibration generating apparatus for massage
Massage apparatus, electric or non-electric
Massage appliances
Orthopedic cushions
Pressure relief pads and cushions
Compression stockings
Stockings for prophylactic purposes
Compression hosiery
Stockings for varices
Medical diagnostic apparatus for medical purposes
Knee bandages [supportive]
Bandages for joints
Orthopaedic bandages for joints
Bandages [supportive] for anatomical joints
Tubular elastic bandages for supporting joints.
The mark was filed in class 25 with following description of goods:
Exercise wear
Sports wear
Lingerie
Shapewear
Moisture-wicking sports bras
Swimwear
Yoga tops
Clothing for gymnastics
Yoga pants
Yoga bottoms
Yoga shirts.
The mark was filed in class 28 with following description of goods: