The trademark S.H.A. SYSTEM HOT ACTIVE was filed by OCEANIC Spółka z ograniczoną odpowiedzialnością, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on May 31, 2023, and received one opposition filed on August 13, 2023 by Albir Hills Resort, SAU on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PADIMA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 13, 2023
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on January 28, 2024.
The Opposition with reference B 003201259 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 9, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemical compositions and materials for use in cosmetics
Active chemical ingredients
Chemical products for the manufacture of cosmetics
Plant extracts for use in the manufacture of cosmetics
Botanical extracts for use in making cosmetics.
The mark was filed in class 3 with following description of goods:
Cosmetics
Skin care preparations
Cosmetic nourishing creams
Anti-aging creams
Creams for firming the skin
Hand creams
Hand washes
Foot scrubs
Non-medicated foot cream
Sunscreen preparations
After-sun preparations for cosmetic use
Shaving preparations
After-shave preparations
Cleaning agents for the hands
Washing liquids
Washing creams
Soap free washing emulsions for the body
Body cleaning and beauty care preparations
Bath salts
Bath preparations
Soap
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Perfumed toilet waters
Perfumery
Perfumes
Eau de Cologne
Essential oils and aromatic extracts
Deodorants and antiperspirants
Cosmetic preparations for eyelashes
Eyebrow cosmetics
Nail cosmetics
Hair grooming preparations
Hair nourishers
Cosmetic preparations for the hair and scalp
Hair preparations and treatments
Shampoos
Cosmetics for the use on the hair
Non-medicated lip care preparations
Cosmetic preparations for the care of mouth and teeth
Dentifrices
Tissues impregnated with cosmetic lotions
Beauty masks
Facial masks
Toiletries
Non-medicated skin serums
Salves [non-medicated]
Lotions for cellulite reduction.
The mark was filed in class 5 with following description of goods: