The trademark INNOV8 LABS was filed by Europharma Concepts Ltd., a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on July 17, 2023, and received one opposition filed on October 2, 2023 by Almi Verwaltungs GmbH on Likelihood of confusion. the opponent was represented by SAXINGER Rechtsanwalts GmbH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 2, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Bleaching preparations and other substances for laundry use and dishwashing
Cleaning, polishing, scouring and abrasive preparations
Depilatory creams
Depilatory lotions
Wax strips for removing body hair
Soaps for brightening textiles
Detergents
Soaps
Laundry starch
Laundry preparations
Carpet cleaners
Shampoos
Fabric softeners, laundry additives
Grease removing preparations
Cleaning preparations
Deodorants for personal use
Hair lotions
Dentifrices
Toothpastes
Exfoliants
Depilatory preparations
Depilatory waxes
Hair regrowth inhibitors
Polishing preparations for kitchen and glassware
Decalcifying and descaling preparations for domestic use
Oven cleaning preparations
Stove-top cleaning preparations
Rinse agents for machine dishwashers
Dishwashing preparations
Salts for use in machine dishwashers
Dishwasher cleaner, freshener and deodoriser
Stain removing preparations
Glass and metal cleaning preparations
Window cleaning preparations
Anti-static preparations
Drain and sink cleaning preparations
Detergents having disinfectant properties
Perfumery, essential oils, cosmetics, non-medicated preparations for the care of the body and skin, ointments, creams, gels, lotions, oils, balsams, powders and sprays for use on the body and skin
Mouth washes and preparations for dental hygiene
Products to clean dentures
Perfuming preparations for the atmosphere
Potpourri, essential oils, room perfume sprays
Cloths, wipes, tissues and sponges impregnated with cleaning preparations, polishing preparations, detergent or disinfectant for cleaning
Preparations for body and beauty care
Preparations for the care, cleansing and embellishment of the skin in the form of creams, gels and lotions
Emollients
Skin moisturisers
Anti-aging creams
Cosmetic and beauty preparations
Moisturising creams, lotions, mousses and gels
Skin cleansing preparations
Bleaching preparations all for personal use
Laundry preparations for dry cleaners
Decalcifying and descaling preparations for household purposes
Dishwasher additives for softening water, preventing limescale accumulation on the dishwasher and on crockery and glassware and for increasing the power of dishwashing detergent
Cleaning preparations for vitroceramic and kitchen surfaces
Cleaning preparations having disinfectant properties, limescale removers, rust removers, decalcifying and descaling preparations for household use
Cleaning preparations which prevent the build-up of stains and limescale
Preparations, namely creams, gels and mousses, for use before, during and after shaving or hair removal
Depilatory wipes
Impregnated wipes and pads for skin care
Preparations for perfuming or fragrancing the air
Cloths impregnated with a detergent for cleaning, polishing, scouring or bleaching
Perfumery and fragrances
Hair balm
Lip balm
Shaving balm
Aftershave balm
Beauty balm creams
Blemish balm creams
Non-medicated skin balms
Skin balms [cosmetic]
Balms other than for medical purposes
Sunblock
Sunscreen
Sun care lotions
Sunscreen preparations
Baby suncreams
Sun-tanning lotions
Cosmetic sun oils
Suntan lotions
Sun creams
Suntan milk
After sun cream and lotions
Skin toner
Facial toner
Toners for cosmetic purposes
Non-medicated skin toners
Micellar water
Make-up remover
Eye makeup remover
Cleansing milk
Bath milk
Beauty milk
Moisturizing milk
Aftershave milk
Body milk
Acne cleansers, cosmetic
Exfoliating creams
Exfoliating body scrub
Exfoliating scrubs for the body
Exfoliating scrubs for the face
Exfoliating scrubs for cosmetic purposes
Body masks
Face masks
Cleansing masks
Hair masks
Beauty masks
Gel eye masks
Hand masks for skin care
Hand creams
Cosmetic hand creams
Creams for cellulite reduction
Lotions for cellulite reduction
Massage oils
Body massage oils
Facial massage oils
Massage oils and lotions
Non-medicated foot cream
Body scrub
Cosmetic body scrubs
Cosmetic preparations for slimming purposes
Cosmetic preparations for use as aids to slimming
Body butter
Body and facial butters
Hand and body butter
Cooling sprays for cosmetic purposes
Tanning preparations
Tanning creams
Cosmetic tanning preparations
Artificial tanning preparations
Self-tanning preparations
Sun-tanning gels
Auto-tanning creams
Sun-tanning oils
Body fragrances
Room fragrances
Household fragrances
Eau de parfum
Air fragrance reed diffusers
Breath freshening preparations for personal hygiene
Mouthwash
Hair conditioner
Skin conditioners
Shower gel
Bath and shower gel
Hand soap
Body wash
Hair colouring preparations
Hair colour removers
Colouring lotions for the hair
Products for protecting coloured hair
Styling gels
Hair styling gel
Hair styling lotions
Hair styling spray
Hair styling waxes
Hair protection lotions
Hair protection creams
Hair protection gels
Non-medicated scalp treatment cream
Cosmetic preparations for the hair and scalp
Cleansing oil
Oils for cleaning purposes
Shaving oils
Beard care preparations
Lotions for beards
Beard oil
Beard dyes
Beard balm
Floor cleaning preparations
Chemical cleaning preparations for household purposes
Rinse aids
Emollient preparations for prevention and treatment of dry skin.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals, medical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Air freshening preparations, air purifying preparations
Room air fresheners
Deodorants and deodorisers (other than for personal use)
Odour neutralisers
Filled first-aid boxes
Anti-bacterial preparations
Vitamin preparations
Mineral preparations for medicinal use
Herbal preparations for medicinal use
Disinfectants for household use or for hygiene or sanitary purposes
Medicated preparations for the care of the body and skin
Medicated creams, gels, lotions, oils, balsams, powders, talcum powders and sprays for use on the body and skin
Medicated, sanitary or disinfecting preparations for the treatment of the body and skin
Wound healing preparations
Materials for dressings, plasters, adhesive plasters for medical purposes, bandaging materials, bandages
Bandage strips for skin wounds
Plasters, bandaging materials
Antiseptics and medical preparations for use in oral hygiene
Preparations for the disinfection of dentures
Denture fixatives
Denture adhesives
Medicated mouth washes
Contact lens cleaning preparations
Bactericidal skin cleansing preparations
Preparations and substances for neutralising, controlling or reducing allergens
Medicated toiletries, medicated talcum powder
Cloths, wipes, tissues and sponges impregnated with antiseptic, antibacterial or disinfectant preparations for hygiene use
Medicated body care preparations
Medicated beverages and preparations for making such beverages
Disinfecting agents and preparations having disinfecting properties
Preparations or substances having sanitary, disinfecting, air freshening, air purifying or fungicidal properties
Medicated pads for the skin
Disinfectant preparations, antiseptic products
Materials impregnated with, or incorporating, disinfecting substances
Disinfectants for hygiene purposes
Medicated face lotions
Anti-bacterial face washes (medicated -)
Antimicrobial facewashes
Eye-washes
Eye drops
Eye lotions for medical use
Eye ointment for medical use
Eye pads for medical use
Balms for pharmaceutical purposes
Baby bottom balms for medical purposes
Sunburn ointments
Medicated sunscreen preparations
Medicated lotions for sunburn
Acne medications
Acne treatment preparations
Hand creams for medical use
Medicated foot creams
Slimming pills
Slimming tea for medical purposes
Medical preparation for slimming purposes
Cooling sprays for medical purposes
Tanning pills
Absorbent articles for personal hygiene
Medicated mouthwash
Anticavity mouthwash
Antibacterial mouthwashes
Mouthwashes for medical purposes
Scalp treatments (medicated -)
Medicated body gels
Antibacterial gels
Gels for dermatological use
Body gels for pharmaceutical use.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Artificial limbs, eyes and teeth
Orthopaedic articles
Suture materials
Therapeutic and assistive devices adapted for persons with disabilities
Massage apparatus
Apparatus, devices and articles for nursing infants
Sexual activity apparatus, devices and articles
Contraceptive appliances
Contraceptives, non-chemical
Contrivances of synthetic rubber for contraceptive purposes
Contrivances made from natural rubber for contraceptive purposes
Medical apparatus for the relief of pain
Body massagers
Electrically operated massagers
Foot massagers
Therapeutic apparatus and appliances for massaging and/or bathing
Massage apparatus, instruments and appliances
Electric and electronic massage apparatus, instruments and appliances
Personal massagers
Vibrators
Vibrating rings
Marital aids
Sex toys
Sex aids
Contraceptive or prophylactic devices
Condoms
Stockings for varicose veins
Therapeutic nose clips for the prevention of exposure to pollutants and for medical use
Electronic devices for monitoring air in the immediate environment for medical use
Medical apparatus for the treatment and relief of skin and eye ailments
Instruments, equipment and apparatus for orthopaedics and for the treatment and care of the feet and skin
Medical imaging apparatus
Infrared diagnostic apparatus for medical purposes
Electromagnetic diagnostic imaging apparatus for medical purposes
Diagnostic measuring apparatus for the purpose of temperature monitoring
Medical electronic monitoring instruments for vital signs and temperature
Respiration monitors
Medical devices, namely, breathing sensors
Measuring devices and instruments adapted for the purpose of health and temperature monitoring, namely, thermometers and pulse oximeters
Heart monitors
Thermometers for medical use
Fever thermometers
Baby monitoring sensors and alarms for medical use
Infant respiratory monitors
Parts and fittings for all the aforesaid goods.
The mark was filed in class 40 with following description of goods:
Custom manufacturing of non-medicated cosmetics and toiletry preparations, non-medicated dentifrices, perfumery, essential oils, bleaching preparations and other substances for laundry use and dishwashing, cleaning, polishing, scouring and abrasive preparations, pharmaceuticals, medical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements for human beings and animals, plasters, materials for dressings, material for stopping teeth, dental wax, disinfectants, preparations for destroying vermin, fungicides, herbicides, surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth, orthopaedic articles, suture materials, therapeutic and assistive devices adapted for persons with disabilities, massage apparatus, apparatus, devices and articles for nursing infants, sexual activity apparatus, devices and articles for third parties
Custom manufacture of personal care, cosmetics and toiletry preparations
Custom manufacture of dental products
Custom manufacture of sun care products
Custom manufacture of medical devices
Custom assembling of electronic components for medical devices
Air and water conditioning and purification
Anti-mould treatment
Air brushing services
Blast treatment of a surface (services for the -)
Custom 3D printing for others
Custom manufacture of pharmaceuticals
Information, advisory and consultancy services relating to the aforesaid.
The mark was filed in class 42 with following description of goods:
Design and development of computer hardware and software
Application provider services (ASP)
Providing online, non-downloadable software
Design and development of digital technology, computer hardware, computer software and application programming interfaces
Providing temporary use of on-line, non-downloadable computer software for use in e-commerce
Providing temporary use of web-based applications
Providing computer software relating to web-enabled household appliances
Providing a mobile application in order to assist in the ordering of household cleaning products
On-line computer services being the provision of web based applications allowing consumers to review food, household, personal care, health and hygiene products
On-line computer services being the provision of web based applications allowing consumers to view and respond to opinion polls and reviews collated via a global computer network
On-line blog hosting services
On-line database hosting services
Packaging design services
Advisory services relating to product testing
Advisory services relating to material testing
Consumer product design
Pharmaceutical product evaluation
Product safety testing services
Conducting clinical trials for pharmaceutical products
Design and development of consumer products
Development and test of chemical production methods
Hosting online web facilities for others for sharing online content
Hosting of digital content online
Software as a service [SAAS] services
Platform as a Service [PaaS]
Information, advisory and consultancy services relating to the aforesaid.