The trademark PharmaBx was filed by Rachel Levy, a national of the French Republic (the "Applicant"). The application was published for oppositions on July 17, 2023, and received one opposition filed on October 17, 2023 by FARMABAN, S.A. on Likelihood of confusion. the opponent was represented by SUGRAĆES, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 17, 2023
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003205001 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 24, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Cosmetics and cosmetic preparations
Ethereal oils
Natural essential oils
Oils for cosmetic purposes
Essential oils for aromatherapy use
Essential oils for the care of the skin
Tissues impregnated with essential oils, for cosmetic use
Oils for cosmetic purposes
Cosmetic soaps
Soap
Cold creams for cosmetic use
Body emulsions
Body milks
Body cream
Body gels
Non-medicated body care preparations.
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations
Pharmaceuticals
Chemico-pharmaceutical preparations
Chemico-pharmaceutical preparations
Pharmaceuticals and natural remedies
Dietary supplements, in particular in dried form, in the form of coated or uncoated tablets, capsules, powders in sachets for infusion, powders in sachets, in instant form or for diluting, in oil form, soft capsules, in liquid form, in solute form, in concentrated form, in syrup form
Protein dietary supplements
Anti-oxidant food supplements
Royal jelly dietary supplements
Food supplements for non-medical purposes
Health food supplements made principally of vitamins
Health food supplements made principally of minerals
Health food supplements for persons with special dietary requirements
Herbal dietary supplements for persons special dietary requirements
Powdered nutritional supplement drink mix
Amino acid preparations for medical purposes
Medical preparations
Vitamin preparations
Vitamin supplements
Vitamins and vitamin preparations
Vitamin tablets
Vitamin and mineral preparations
Mineral dietary supplements for humans
Preparations of mixtures of vitamins and minerals
Mineral dietary supplements
Mineral nutritional supplements
Pharmaceutical preparations of trace elements
Nutraceuticals for use as a dietary supplement
Dietetic substances adapted for medical use
Dietetic preparations adapted for medical use
Antibodies for medical purposes
Dietetic foods adapted for medical purposes
Dietetic beverages adapted for medical purposes
Dietetic infusions for medical use
Dermatological preparations and in particular creams, oils, salves, gels, foams, lotions, masks and cosmetics for medical use
Sanitary preparations for medicine and personal hygiene
Edible and non-nutritive plant fibres, For medical purposes
Preparations of trace elements for human use
Lactic ferments for medical use
Nutritional supplements based on creatine
Collagen for medical purposes
Microbiotics, For medical purposes
Zinc dietary supplements
Nutritional supplements consisting primarily of zinc
Zinc supplement lozenges
Medicinal oils
Probiotic supplements
Probiotic preparations for medical use to help maintain a natural balance of flora in the digestive system.
The mark was filed in class 35 with following description of goods:
Advertising
Direct mail advertising
Arranging newspaper subscriptions for others
Presentation of goods on communication media, for retail purposes
Online advertising on a computer network
Rental of advertising time on communication media
Publication of advertising literature
Rental of advertising space
Dissemination of advertising matter
Public relations services
Organisation of competitions (advertising)
Retailing and sale via mail order, in particular via and on the internet, in relation to the following goods: Pharmaceutical preparations, Supplements for food, Nutritional supplements, dietetic food and substances, Dermatological goods, Cosmetics and Cosmetic preparations.
The mark was filed in class 40 with Custom manufacture of the following goods: Pharmaceuticals, Nutritional supplements, Nutritional supplements, Dietetic foods and Dietetic preparations, Dermatological products, Cosmetics and Cosmetics preparations and Custom manufacture of any of the following goods: Dietary supplements for humans, Pharmaceuticals, Nutritional supplements, Dietetic foods and Dietetic preparations, Dermatological products, Cosmetics and Cosmetics preparations..
The mark was filed in class 42 with following description of goods:
Scientific research relating to chemistry and biochemistry
Biological research
Bacteriological research
Research of new nutritional and dietary supplements
Medical and nutritional research services
Research and development of new products for others, in particular in the field of dietary supplements and dietetic preparations for dieting
Testing, analysis and evaluation of probiotics, dietetic preparations, and nutritional and dietary supplements
Pharmaceutical research services
Development of the following goods: pharmacy goods, Supplementary feeds, Nutrition supplement products, Dietetic foodstuffs and Dietetic preparations, Dermatological preparations, Cosmetic preparations and Beauty preparations
Qualitative evaluation of the following products: pharmacy goods, Supplementary feeds, Nutrition supplement products, Dietetic foodstuffs and Dietetic preparations, Dermatological preparations, Cosmetic preparations and Beauty preparations
Research and development for the pharmaceutical industry
Laboratory research services, In connection with the following goods: pharmacy goods, Supplementary feeds, Nutrition supplement products, Dietetic foodstuffs and Dietetic preparations, Dermatological preparations, Cosmetic preparations and Beauty preparations
Consultancy and information, In connection with the following goods: pharmacy goods, Supplementary feeds, Nutrition supplement products, Dietetic foodstuffs and Dietetic preparations, Dermatological preparations, Cosmetic preparations and Beauty preparations.