The trademark DERMASOLAR was filed by MEDSPA LABORATOIRES, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on March 3, 2022, and received one opposition filed on May 16, 2022 by DR. PHYTO S.R.L. on Likelihood of confusion. the opponent was represented by Ardeleanu, Ruxandra Raluca and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 16, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003171285 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 19, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Laundry preparations
Biological laundry detergents
Commercial laundry detergents
Colour run prevention laundry sheets
Laundry liquids
Chemical laundry preparations
Laundry bleach
Laundry soap
Laundry additives
Soda lye
Liquid soap for laundry
Sugar soap
Laundry sizing
Rinsing agents for laundry
Essential oils as perfume for laundry purposes
Laundry detergents for household cleaning use
Polishing preparations
Polishing powders
Automobile polishes
Polishing paper
Impregnated cloths for polishing
Polishing stones
Chrome polish
Polishing creams
Abrasive preparations for polishing
Denture polishes
Metal polishes
Polishing rouge
Tooth polish
Polishing wax
Grease-removing preparations
Automobile cleaners
Turpentine for degreasing
Vehicle cleaning preparations
Degreasing solvents, other than for use in manufacturing processes
Abrasives
Cleaning preparations for use on masonry
Bleaching preparations
Shining preparations [polish]
Essential oils for use in air fresheners
Soap for brightening textile
Household fragrances
Air fragrancing preparations
Perfumes for ceramics
Room fragrancing preparations
Air fragrance reed diffusers
Food flavourings [essential oils]
Cleaning preparations
Preservative creams for leather
Leather preservatives [polishes]
Creams for leather
Leather polishes
Leather dressings
Cleaning preparations for leather
Tissues impregnated with leather gloss agents
Leather bleaching preparations
Chemical cleaning preparations for household purposes.
The mark was filed in class 5 with following description of goods:
Air deodorising and air purifying preparations
Medicated dentifrices
Medicated toothpaste
Dental preparations and articles, and medicated dentifrices
Opotherapy preparations
Radiopharmaceutical products
Preparations of microorganisms for medical or veterinary use
Cardiovascular pharmaceuticals
Anti-epileptic pharmaceutical preparations
Anti-diabetic pharmaceuticals
Diaphoretics
Analeptics
Lactagogues
Dietetic foods adapted for infants
Food for babies
Food preparations for babies and infants
Babies' diaper-pants
Enzyme preparations for veterinary purposes
Plasters, materials for dressings
Disinfectant dressings
Medical dressings, coverings and applicators
Surgical plasters
Bandages for dressings
Medical and surgical dressings
Elastic bandages [dressings]
Cleaning solvents for removing adhesive plasters
Dressings, medical
Heating patches for medical purposes
Materials for dressings
Adhesive dressings
Disinfectants for medical instruments
Disinfectants for swimming pools
Disinfectants for medical apparatus and instruments
Enzyme preparations for medical purposes
Chemical adjuvants for medical purposes
Smoking herbs for medical purposes
Anesthetics for surgical use
Anesthetics for non-surgical use
Pharmaceutical preparations for ocular or intraocular surgery.
The mark was filed in class 44 with following description of goods:
Cosmetic make-up services
Cosmetic electrolysis
Body waxing services for the human body
Depilatory waxing
Cosmetic laser treatment of unwanted hair
Providing information about dietary supplements and nutrition
Health care consultancy services [medical]
Medical and healthcare clinics
Managed health care services
Professional consultancy relating to health care
Medical and healthcare services
Home health care services
Consultancy in the field of body and beauty care
Consulting services relating to health care
Advisory services relating to beauty treatment
Ambulant medical care
Health care in the nature of health maintenance organizations
Medical treatment services
Respite care services in the nature of nursing aid services
Provision of medical services
Medical tele-reporting [medical services]
Medical consultations
Medical information
Medical assistance
Medical diagnostic services
Heat therapy [medical]
Medical counseling
Medical clinic services
Medical evaluation services
Advisory services relating to medical services
Beauty care for human beings
Application of cosmetic products to the body
Advisory services relating to the care of pet animals
Services for the care of the skin
Consultation services relating to skin care
Beauty care
Facial beauty treatment services
Beauty salon services
Leasing skin care equipment
Skin care salons
Hygienic and beauty care
Convalescent home services
Services of a hair and beauty salon
Hair salon services for children
Medical house call services
Providing information relating to beauty salon services
Nursing home services
Hairdressing
Hair salon services
Pet beauty salon services
Barber shop services
Plastic surgery
Cosmetic and plastic surgery
Surgery
Surgery (Cosmetic -)
Cosmetic and plastic surgery clinic services
Cosmetic dentistry
Veterinary surgical services
Rest home services
Garden design services
Hospital services
Hospital nursing home services
Psychiatric services
Pharmaceutical services
Paramedical services
Therapy services
Hospice services
Arranging of accommodation in rest homes
Arranging of accommodation in convalescent homes
Hair salon services for men
Airbrush tanning salon services
Hair salon services for women
Tanning salon and solarium services
Rental of machines and apparatus for use in beauty salons or barbers' shops