The trademark df Vaginol was filed by AMP BIOTEC, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 5, 2023, and received one opposition filed on September 5, 2023 by Combe International, LLC on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Cornell, Clare and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 5, 2023
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Soap
Aloe soap
Cosmetics
Cosmetics and cosmetic preparations
Functional cosmetics
Powder compacts [cosmetics]
Eyebrow cosmetics
Sun bronzers
Make-up
Natural cosmetics
Cosmetic moisturisers
Sun blocking preparations [cosmetics]
Moisturising preparations
Beauty care cosmetics
Decorative cosmetics
Aftershave creams
Creams for tanning the skin
Depilatory creams
Anti-freckle creams
Vanishing creams
Suntan creams
Creamy foundation
Washing creams
Aftershave moisturising cream
Moisturising creams
Cleansing creams
Anti-wrinkle cream
Antiperspirants [toiletries]
Anti-perspirant deodorants
Deodorants and antiperspirants
Personal deodorants
Deodorant soap
Feminine deodorant sprays
Roll-on deodorants [toiletries]
Age retardant lotion
Depilatory lotions
Cleansing lotions
Styling lotions
Sun-tanning preparations [cosmetics]
Aromatherapy lotions
After-shave preparations
After-shave lotions
Permanent waving lotions
Beauty lotions
Make-up removing lotions
Self tanning lotions [cosmetic]
Cosmetic sun-protecting preparations
Sun-tanning creams and lotions
Cosmetic creams and lotions
Ethereal oils
Gaultheria oil
Washing preparations for personal use
Feminine hygiene cleansing towelettes
Sanitary preparations being toiletries
Skin cleansers
Skin foundation
Anti-aging skincare preparations
Tooth whitening preparations
Cleaning preparations
Scented soaps
Perfumed soaps
Cosmetic soaps
Antiperspirant soap
Soap solutions
Beauty soap
Make up foundations
Make-up for compacts
Make-up removing preparations
Make-up kits
Compacts containing make-up
Toiletries
Floral water
Food flavourings [essential oils]
Aromatics [essential oils]
Food flavorings prepared from essential oils
Flavourings for beverages [essential oils]
Cake flavourings [essential oils]
Ethereal essences
Lavender gel
Fumigating incenses (Kunko)
Aromatic oils
Essential oils for soothing the nerves
Aromatic essential oils
Essential oils of lemon
Essential oils of cedarwood
Essential oils of sandalwood
Emulsified essential oils
Blended essential oils
Natural essential oils
Essential oils for aromatherapy use
Essential oils for use in the manufacture of scented products
Essential oils for use in the manufacture of e-liquid
Toilet water
Perfumed toilet waters
Scented water
Amber [perfume]
Aromatics for perfumes
Bases for flower perfumes
Heliotropin fragrancing compounds
Essential oil-based creams for aromatherapy use
Scented body lotions and creams
Aromatherapy creams
Perfumed creams
Body deodorants [perfumery]
Eau de parfum
Toilet water containing snake oil
Heliotropine
Extracts of perfumes
Body fragrances
Fragrances
Fragrances for personal use
Geraniol for fragrancing
Ionone [perfumery]
Natural oils for perfumes
Lavender oil for cosmetic use
Rose oil for cosmetic purposes
Fragrance preparations
Pomanders [aromatic substances]
Peppermint oil [perfumery]
Synthetic perfumery
Liquid perfumes
Perfumes
Solid perfumes
Cologne impregnated disposable wipes
Perfumed tissues
Body sprays [non-medicated]
Scented body spray
Perfumery and fragrances
Fumigation preparations [perfumes]
Perfumery
Mouthwashes, not for medical purposes
Mouthwash
Disclosing tablets for personal use in indicating tartar on the teeth
Solid toothpaste tablets
Tooth whitening creams
Dentifrices
Non-medicated toothpaste
Chewable dentifrices
Dentifrices and mouthwashes
Tooth whitening pastes
Dentifrices in the form of chewing gum
Toothpaste
Tooth gel
Liquid dentifrice
Dentifrice powder
Dental bleaching gels
Sets of cosmetic oral care products
Teeth cleaning lotions
Teeth whitening pens
Tooth powder
Moistened tooth powder
Chewable tooth cleaning preparations
Oral care preparations [non-medicated]
Denture polishes
Tooth care preparations
Tooth cleaning preparations
Breath fresheners
Oral hygiene preparations
Breath freshening preparations for personal hygiene
Preparations for cleaning dentures
Mouth [breath] fresheners, not for medical use
Non-medicated mouth sprays
Throat sprays [non-medicated]
Teeth whitening strips impregnated with teeth whitening preparations [cosmetics]
Breath freshening strips
Teeth whitening strips
Breath freshening sprays
Mouth sprays, not for medical use
Age retardant gel
Cleansing gels
Shaving gel
Gel scrub
Dishwasher detergents in gel form
Sun-tanning gels
Eyebrow gel
Styling gels
Soaps in gel form
Detergents
Cleansing balm
Cleansing foam
Foam detergents
Acne cleansers, cosmetic
Phytocosmetic preparations
Dewaxing preparations
Anti-perspirants in the form of sprays
Cleaning sprays
Toning spritz
Hair spray
Degreasing sprays
Room scenting sprays.
The mark was filed in class 5 with following description of goods:
Hydrocortisone creams
Pharmaceutical creams
Calamine lotion
Feminine hygiene products
Sanitary preparations and articles
Hygienic preparations and articles
Menstruation bandages
Dental mastics
Dental rinse
Material for repairing teeth
Materials for artificial teeth
Teeth filling material
Antibacterial soap
Pharmaceutical drugs
Appetite suppressants for medical purposes
Antifungal medication
Antimigraine drugs
Antitumor drugs
Implantable medicines
Allergy medication
Hypoglycemic drugs
Homeopathic pharmaceuticals
Oxytocics
Anti-cancer drugs
Cardiovascular drugs for use in treating hypertension
Medicines for veterinary purposes
Pharmaceutical preparations
Pharmaceuticals
Dermatological pharmaceutical substances
Pharmaceutical implants
Pharmaceuticals and natural remedies
Injectable pharmaceuticals
Pharmaceutical preparations for inhalers
Medicine
Medicines for human purposes
Analgesics
Medicinal ointments
Medicinal infusions
Medicinal alcohol
Medicinal drinks
Dragees [medicines]
Medicated anti-cavity mouthwashes
Medicines for intestinal disorders
Collyrium
Anti-inflammatory gels
Spermicidal gels
Bacteria fighting cleanser
Antiseptic cleansers
Medicated and sanitising soaps and detergents
Germicidal detergents
Disinfectants
Disinfectants and antiseptics
Sanitizing wipes
Disinfectant swabs
Antiseptics
Disinfectant soap
Disinfectant dressings
Disinfectants impregnated into tissues
Antiseptic liquid bandages
Antiseptic mouthwashes
Fumigating sticks as disinfectants
Impregnated antiseptic wipes
Antibacterial wipes
Tissues impregnated with antibacterial preparations
Antiseptic washing preparations
Washes (Sterilizing -)
Sterilizing preparations
Acne treatment preparations
Acne medications
Acne cleansers [pharmaceutical preparations]
Antibacterial acne preparations
Acne creams [pharmaceutical preparations]
Niacinamide preparations for the treatment of acne