The trademark BESTÉE was filed by REGAL PHARMACY s.r.o., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on December 13, 2023, and received one opposition filed on March 12, 2024 by ESTEE LAUDER COSMETICS LTD. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 12, 2024
The application was filed in Czech, and Czech 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 May 7, 2024.
Goods And Services
The mark was filed in class 5 with following description of goods:
Anti-oxidant food supplements
Mineral nutritional supplements
Food supplements for non-medical purposes
Vitamin preparations in the nature of food supplements
Vitamin supplements
Dietary and nutritional supplements
Nutritional supplements
Nutritional supplements
Dietary supplemental drinks
Coenzyme Q10 dietary supplements
Health food supplements made principally of vitamins
Health food supplements made principally of minerals
Collagen for medical purposes
Collagen for medical purposes
Dietary supplements containing collagen
Candy, medicated
Pastilles for pharmaceutical purposes
Medicated lozenges
Antioxidants
Multi-vitamin preparations
Food supplements consisting of amino acids
Anti-oxidant food supplements
Dietary supplements containing collagen
Vitamin B preparations
Vitamin C preparations
Vitamin D preparations
Mineral nutritional supplements
Food supplements.
The mark was filed in class 35 with following description of goods:
Retail services in relation to anti-oxidant food supplements
Retail services in relation to mineral nutritional supplements
Retail services in relation to food supplements for non-medical purposes
Retail services in relation to vitamin preparations in the nature of food supplements
Retail services in relation to vitamin supplements
Retail services in relation to dietary and nutritional supplements
Retail services in relation to nutritional supplements
Retail services in relation to nutritional supplements
Retail services in relation to dietary supplemental drinks
Retail services in relation to coenzyme Q10 dietary supplements
Retail services in relation to health food supplements made principally of vitamins
Retail services in relation to health food supplements made principally of minerals
Retail services in relation to collagen for medical purposes
Retail services in relation to collagen for medical purposes
Retail services in relation to candy, medicated
Retail services in relation to pastilles for pharmaceutical purposes
Retail services in relation to medicated lozenges
Retail services in relation to antioxidants
Retail services in relation to multi-vitamin preparations
Retail services in relation to food supplements consisting of amino acids
Retail services in relation to vitamin B preparations
Retail services in relation to vitamin C preparations
Retail services in relation to vitamin D preparations
Retail services in relation to food supplements
Wholesale services in relation to anti-oxidant food supplements
Wholesale services in relation to mineral nutritional supplements
Wholesale services in relation to food supplements for non-medical purposes
Wholesale services in relation to vitamin preparations in the nature of food supplements
Wholesale services in relation to vitamin supplements
Wholesale services in relation to dietary and nutritional supplements
Wholesale services in relation to nutritional supplements
Wholesale services in relation to nutritional supplements
Wholesale services in relation to dietary supplemental drinks
Wholesale services in relation to coenzyme Q10 dietary supplements
Wholesale services in relation to health food supplements made principally of vitamins
Wholesale services in relation to health food supplements made principally of minerals
Wholesale services in relation to collagen for medical purposes
Wholesale services in relation to collagen for medical purposes
Wholesale services in relation to candy, medicated
Wholesale services in relation to pastilles for pharmaceutical purposes
Wholesale services in relation to medicated lozenges
Wholesale services in relation to antioxidants
Wholesale services in relation to multi-vitamin preparations
Wholesale services in relation to food supplements consisting of amino acids
Wholesale services in relation to vitamin B preparations
Wholesale services in relation to vitamin C preparations
Wholesale services in relation to vitamin D preparations
Wholesale services in relation to food supplements