The trademark VitalyV was filed by Georges El Badaoui, a national of the Italian Republic (the "Applicant") and VitalyV International, a corporation established under the laws of the Italian Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on February 16, 2020, and received one opposition filed on May 14, 2020 by ALDI Einkauf SE & Co. oHG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 14, 2020
It was designated 'Basic Application' for International Application 1599832 at the World Intellectual Property Organization (WIPO).
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on May 17, 2020.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Cleansing milk for toilet purposes
Cosmetic rouges
Sun bronzers
Powder compacts [cosmetics]
Oils for cosmetic purposes
Cosmetic moisturisers
Mousses [cosmetics]
Cosmetics and cosmetic preparations
Cosmetic soaps
Natural cosmetics
Organic cosmetics
Colour cosmetics
Functional cosmetics
Sun-tanning gels
Self-tanning preparations [cosmetics]
Self tanning creams [cosmetic]
After-sun oils [cosmetics]
Suntanning oil [cosmetics]
Cosmetics for the use on the hair
Fluid creams [cosmetics]
Cosmetic preparations for skin firming
Emollient preparations [cosmetics]
Decorative cosmetics
Solid powder for compacts [cosmetics]
Moisturising concentrates [cosmetic]
Toning creams [cosmetic]
Moisturising gels [cosmetic]
Self tanning lotions [cosmetic]
Cosmetics for animals
Non-medicated cosmetics
Mineral oils [cosmetic]
Moisturising preparations
Sun care preparations
Beauty care cosmetics
Sun blocking preparations [cosmetics]
Suntan lotion [cosmetics]
Sun protecting creams [cosmetics]
Cosmetics containing keratin
Cosmetics containing panthenol
Cosmetics for children
Nail varnish remover [cosmetics]
Eyes make-up
Colour cosmetics for the eyes
Cosmetic preparations for eyelashes
Nail tips [cosmetics]
Cleaner for cosmetic brushes
Night creams [cosmetics]
Cosmetics for use on the skin
Cosmetics in the form of powders
Body oils [for cosmetic use]
Skin masks [cosmetics]
Cosmetic hair dressing preparations
Facial scrubs [cosmetic]
Cosmetics in the form of gels
Powder compact refills [cosmetics]
Body cream
Cosmetics in the form of oils
Cosmetics containing hyaluronic acid
Lip cosmetics
Colour cosmetics for children
Impregnated cleaning pads impregnated with cosmetics
Eyebrow cosmetics
Cosmetic kits
Cosmetics for personal use
Lip stains [cosmetics]
Cosmetic products for the shower
Cosmetic body scrubs
Cosmetic oils for the epidermis
Cosmetic hair regrowth inhibiting preparations
Skin conditioners
Cosmetic preparations for baths
Skin cleansers [cosmetic]
Cosmetic eye gels
Cosmetics in the form of creams
Cosmetics in the form of milks
Facial moisturisers [cosmetic]
Makeup
Facial preparations
Facial toners [cosmetic]
Body paint for cosmetic purposes
Colour cosmetics for the skin
Cosmetics in the form of rouge
Facial cleansers [cosmetic]
Cosmetics in the form of eye shadow
Lip coatings [cosmetic]
Cosmetics in the form of lotions
Amla oil for cosmetic purposes
Nail base coat [cosmetics]
Liners [cosmetics] for the eyes
Skin whitening preparations [cosmetic]
Cosmetic preparations for skin care
Sun protectors for lips
Nail hardeners [cosmetics]
Sun blocking lipsticks [cosmetics]
Skin lightening compositions [cosmetic]
Cosmetics for use in the treatment of wrinkled skin
Sun blocking oils [cosmetics]
Acne cleansers, cosmetic
Refill packs for cosmetics dispensers
Cosmetic preparations for body care
Facial wipes impregnated with cosmetics
Cosmetics for the treatment of dry skin
Slimming aids [cosmetic], other than for medical use
Lip protectors [cosmetic]
Skin care oils [cosmetic]
Glitter in spray form for use as a cosmetics
Castor oil for cosmetic purposes
Paper hand towels impregnated with cosmetics
Cosmetic skin enhancers
Body and facial gels [cosmetics]
Body and facial creams [cosmetics]
Non-medicated cosmetics and toiletry preparations
Pores tightening mask packs used as cosmetics
Perfume oils for the manufacture of cosmetic preparations
Cosmetic preparations for the care of mouth and teeth
Cosmetic preparations for use as aids to slimming
Cosmetics for protecting the skin from sunburn
Cosmetic preparations for nail drying
Cosmetic preparations for the hair and scalp
Teeth whitening strips impregnated with teeth whitening preparations [cosmetics]
Multifunctional makeup
Make-up removing creams
Creams for tanning the skin
Exfoliant creams
Depilatory creams
Conditioning creams
Barrier creams
Cosmetic creams
Cleansing creams
Suntan creams
Sun creams
Perfumed creams
Aftershave creams
Washing creams
After sun creams
Moisturising creams
Non-medicated creams
Shoe cream
Nonmedicated cleansing creams
Cosmetic sun-protecting preparations
Face creams for cosmetic use
Eye cream
Cosmetic nourishing creams
Shower creams
Anti-aging creams
Night cream
Shaving cream
Hair creams
Aromatherapy creams
Day creams
Cosmetic creams and lotions
Sun-tanning creams and lotions
Anti-freckle creams
Hair protection creams
Anti-wrinkle cream
Nutritional creams (Nonmedicated -)
Dermatological creams [other than medicated]
Hand creams
Skin cream
Beauty balm creams
Baby suncreams
Massage creams, not medicated
Skin lightening creams
Cosmetic hand creams
Babies' creams [non-medicated]
Creams (Soap -) for use in washing
Creams for firming the skin
Skin whitening creams
Preservative creams for leather
Bath creams (Non-medicated -)
Moisturising creams, lotions and gels
Skin cleansing cream
Age spot reducing creams
Blemish balm creams
Creams for cellulite reduction
Moisturising skin creams [cosmetic]
Pre-shave creams
Non-medicated skin creams
Hair care creams
Creams (Non-medicated -) for the body
Creams (Non-medicated -) for the eyes
Tooth whitening creams
Creams for fixing hair
Cosmetic creams for dry skin
Cold creams for cosmetic use
Hydrating creams for cosmetic use
Recovery creams for cosmetic use
Scented body creams
Shoe polish and creams
Face and body creams
Skin conditioning creams for cosmetic purposes
Non-medicated diaper rash cream
Make-up bases in the form of pastes
Skin care creams [cosmetic]
Fair complexion creams
Scented body lotions and creams
Cosmetic creams for firming skin around eyes
Skin care creams, other than for medical use.
The mark was filed in class 5 with following description of goods:
Probiotic supplements
Homeopathic supplements
Nutritional supplements
Vitamin supplements
Food supplements
Anti-oxidant supplements
Prebiotic supplements
Colostrum supplements
Mineral food supplements
Anti-oxidant food supplements
Dietary and nutritional supplements
Medicated food supplements
Mineral nutritional supplements
Liquid vitamin supplements
Food supplements in liquid form
Glucose dietary supplements
Yeast dietary supplements
Dietary supplements for animals
Pollen dietary supplements
Enzyme dietary supplements
Lecithin dietary supplements
Propolis dietary supplements
Alginate dietary supplements
Dietary supplements consisting of vitamins
Protein dietary supplements
Vitamin supplements for animals
Vitamin and mineral supplements
Casein dietary supplements
Liquid herbal supplements
Protein supplement shakes
Food supplements for sportsmen
Dietary supplements for infants
Royal jelly dietary supplements
Dietary supplements and dietetic preparations
Dietary supplements for pets
Calcium supplements
Zinc supplement lozenges
Feed supplements for veterinary use
Linseed dietary supplements
Mineral dietary supplements for animals
Herbal supplements
Dietary supplements with a cosmetic effect
Vitamin supplement patches
Mineral dietary supplements for humans
Vitamin and mineral supplements for pets
Vitamin preparations in the nature of food supplements
Protein supplements for animals
Antibiotic food supplements for animals
Acai powder dietary supplements
Calcium tablets as a food supplement
Food supplements for non-medical purposes
Dietary food supplements used for modified fasting
Mineral supplements for feeding livestock
Dietary supplements consisting primarily of magnesium
Dietary supplements consisting primarily of calcium
Dietary supplements consisting primarily of iron
Nutritional supplements consisting primarily of zinc
Wheat germ dietary supplements
Soy protein dietary supplements
Dietary supplemental drinks
Fodder supplements for veterinary purposes
Zinc dietary supplements
Nutritional supplements for livestock feed
Wheat dietary supplements
Vitamin supplements for use in renal dialysis
Medicated supplements for foodstuffs for animals
Soy isoflavone dietary supplements
Pine pollen dietary supplements
Dietary supplement drink mixes
Nutritional supplements consisting of fungal extracts
Linseed oil dietary supplements
Natural dietary supplements for treating claustrophobia
Health food supplements made principally of minerals
Health food supplements made principally of vitamins
Activated charcoal dietary supplements
Folic acid dietary supplements
Dietary supplements for human beings and animals
Nutritional supplements consisting primarily of magnesium
Nutritional supplements consisting primarily of iron
Nutritional supplements consisting primarily of calcium
Nutraceuticals for use as a dietary supplement
Dietary supplements for controlling cholesterol
Protein powder dietary supplements
Health food supplements for persons with special dietary requirements
Dietary pet supplements in the form of pet treats
Food supplements consisting of amino acids
Food supplements consisting of trace elements
Dietary supplements for humans not for medical purposes
Fitness and endurance supplements
Nutritional supplements made of starch adapted for medical use
Ground flaxseed fiber for use as a dietary supplement
Dietary supplements for pets in the nature of a powdered drink mix
Preparations for supplementing the body with essential vitamins and microelements
Strengthening supplements containing parapharmaceutical preparations for prophylactic purposes and for convalescents