The trademark FHOTOX was filed by GRUPO DRV PHYTOLAB, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on August 31, 2023, and received one opposition filed on November 30, 2023 by ALLERGAN, INC. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by May, Benjamin and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 30, 2023
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on December 19, 2023. Change of name and professional address of the trademark registration was recorded on January 3, 2024.
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
Ethereal oils
Skin care creams [cosmetic]
Exfoliant creams
Face scrubs (Non-medicated -)
Exfoliating scrubs for the body
Cosmetic preparations for skin firming
Moisturising creams, lotions and gels
Cosmetics for use in the treatment of wrinkled skin
Wrinkle removing skin care preparations
Skin calming serum
Lotions for cellulite reduction
Creams for cellulite reduction
Body moisturisers
Face and body creams
Beauty care cosmetics
Non-medicated face care preparations
Cosmetic preparations for body care
Cosmetic preparations for skin care
Facial masks
Acne cleansers, cosmetic
Facial washes [cosmetic].
The mark was filed in class 44 with following description of goods:
Medical services
Animal healthcare services
Human hygiene and beauty care
Beauty consultancy
Consultancy in the field of body and beauty care
Consultancy provided via the Internet in the field of body and beauty care
Beauty care
Hygienic and beauty care
Advisory services relating to beauty treatment
Beauty care services provided by a health spa
Consultancy services relating to beauty
Aesthetician services
Beauty salon services
Facial beauty treatment services
Beauty treatment services especially for eyelashes
Cellulite treatment services
Cosmetic treatment services for the body, face and hair
Slimming treatment services
Dermatological services for treating skin conditions
Cosmetic treatment
Cosmetic laser treatment for hair growth
Cosmetic laser treatment of skin
Cosmetic laser treatment of spider veins
Cosmetic laser treatment of toenail fungus
Cosmetic laser treatment of tattoos
Cosmetic laser treatment of varicose veins
Laser removal of spider veins
Laser removal of varicose veins
Therapeutic treatment of the face
Therapeutic treatment of the body
Hair treatment
Cosmetic treatment for the face
Cosmetic treatment for the hair
Cosmetic treatment for the body
Weight control treatment
Injectable filler treatments for cosmetic purposes