The trademark TRUVION was filed by Truvion Intellectual Property B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on November 17, 2022, and received one opposition filed on February 16, 2023 by CONVENIENCIA Y DISTRIBUCIÓN S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by J. LOPEZ PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 16, 2023
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Claims of seniority of the trademark registration was recorded on March 3, 2024.
The application claimed as seniority of "BX" trademark null and filed on January 25, 2018 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with following description of goods:
Soap
Shower and bath gel
Shower and bath foam
Perfumery
Cosmetics
Ethereal oils
Shampoos and hair care preparations
Shampoos
Dandruff shampoos
Dentifrices
Oral cleansing preparations, Not for medical purposes
Non-medicated salts, oils and other additives for use in bath and in showers
Toilet water
Eau de Cologne
Cosmetic creams, powders, lotions, milks and oils for the care and the cleansing of the skin, body, hands and feet
Deodorants for personal use
Antiperspirants, not for medical purposes
Talcum powder for cosmetic use
After- and pre-shaving preparations, shaving cream, shaving mousse, shaving gel, shaving oil and shaving foam
Cosmetics for tanning the skin
Cosmetics for protecting the skin from the sun
Cosmetics for protecting the skin from sunburn.
The mark was filed in class 5 with following description of goods:
Pharmaceutical products and preparations
Pharmaceutical drugs
Vitamin preparations
Mineral and vitamin-enriched food preparations, food supplements and food concentrates, for medical use
Foodstuffs, including dietetic, also in the form of concentrates, pills, tablets, capsules and powders, for medical use, The aforesaid goods also to be used to improve health
Syrups and beverages, including dietetic for medical use, The aforesaid goods also to be used to improve health
Nutritional supplements including in the form of concentrates, pills, tablets, capsules and powders
Medicinal infusions
The aforesaid goods Excluding goods, preparations and substances used for the treatment and prevention of HIV and AIDS and/or goods, preparations and substances used for the treatment of symptoms of HIV and AIDS.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus, instruments and tools
Artificial limbs, eyes and teeth
Orthopedic articles
Suture materials
Therapeutic and supportive instruments adapted for the disabled
Massage apparatus
Apparatus, instruments and articles for caring for infants
Apparatus, instruments and articles for sexual activities.
The mark was filed in class 29 with Foodstuffs, namely Edible oils and fats and Drinks made from dairy products and Beverages composed predominantly of milk..
The mark was filed in class 30 with Cocoa, coffee, chocolate or tea based beverages and Infusions not medical..
The mark was filed in class 32 with Non-alcoholic drinks, including dietetic, including the following products: Vegetable juice and Juices and Vegetable drinks and Fruit drinks and Syrups and other preparations for making beverages and juices, not included in other classes..
The mark was filed in class 35 with following description of goods:
Retail services and import and export and Business intermediary and advisory services in the purchase and sale and wholesale in relation to the following goods: Soaps, Cosmetics, cleaners, Preparations for the care and protection of the skin and the body, Pharmaceutical preparations, Vitamin preparations and Supplements for food
Retail services and import and export and Business intermediary and advisory services in the purchase and sale and wholesale, in relation to the following goods: Surgical, medical, dental and veterinary devices, appliances and instruments
Retail services and import and export and Business intermediary and advisory services in the purchase and sale and wholesale in relation to the following goods: Foodstuffs, including dietetic, Non-alcoholic beverages, Vegetable juices and Fruit drinks and juices
Including the aforesaid services being provided via the internet, apps and other forms of electronic data transmission.
The mark was filed in class 39 with following description of goods:
Transport, warehousing, storage, packaging, distribution and delivery of goods, The aforesaid services for retail and wholesale
Transport services, in the following fields: Orders and the shipment of orders
Distribution, storage, packaging, transport and delivery of goods, including in the context of mail order
Transportation logistics
Including the aforesaid services provided via the Internet, Via apps and via other forms of electronic data transfer.
The mark was filed in class 44 with following description of goods:
Advice, instructions and information relating to well-being (health)
Dietary and nutrition advice services
Including the aforesaid services being provided via the internet, apps and other forms of electronic data transmission.