The trademark A-CURA was filed by Antoine Gerald Antoniadis, a national of the French Republic (the "Applicant"). The application was published for oppositions on October 26, 2022, and received one opposition filed on January 23, 2023 by Dermapharm AG on Likelihood of confusion. the opponent was represented by DR. KUNZ-HALLSTEIN RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 23, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Refusal with reference B 018205949 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on January 28, 2021 by the EUIPO. The Opposition with reference B 003188766 was rejected according to Article 8(1)(b) EUTMR with decision issued on January 3, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated toothpaste
Toiletry preparations
Suntan oils [cosmetics]
Powder compacts [cosmetics]
Cosmetics for animals
Compacts containing make-up
Mousses [cosmetics]
Powder compact refills [cosmetics]
Skin masks [cosmetics]
Tissues impregnated with make-up removing preparations
Selftanning preparations [cosmetics]
Cotton puffs impregnated with make-up 4 /6 removing preparations
Nail polish removers [cosmetics]
Colour cosmetics
Nail primer [cosmetics]
Nail cosmetics
Refill packs for cosmetics dispensers
Cotton wool impregnated with make-up removing preparations
Solid toothpaste tablets
Toothpaste
Pores tightening mask packs used as cosmetics
Tanning gels [cosmetics]
Sun protecting creams [cosmetics]
Nail tips [cosmetics]
Toothpaste in soft cake form
Liners [cosmetics] for the eyes
Eye make-up removers
Impregnated cleaning pads impregnated with cosmetics
Colour cosmetics for the eyes
Make-up removing milks
Eyebrow cosmetics
Suntanning preparations [cosmetics]
Cosmetics in the form of rouge
Nail varnish remover [cosmetics]
Anti-aging moisturizers used as cosmetics
Suntan lotion [cosmetics]
Paper hand towels impregnated with cosmetics
Facial wipes impregnated with cosmetics
Lip stains [cosmetics]
Powder (Make-up -)
Night creams [cosmetics]
Nail base coat [cosmetics]
Tanning oils [cosmetics]
Makeup removing creams
Skin fresheners [cosmetics]
Make-up removing gels
Nail hardeners [cosmetics]
Cosmetics in the form of powders
Cosmetics in the form of eye shadow
Colour cosmetics for the skin
Cosmetics containing keratin
Skin make-up
Make up foundations
Suntanning oil [cosmetics]
Cosmetics for the treatment of dry skin
Make-up for the face and body
Makeup removing lotions
Bath powder [cosmetics]
Cosmetics for eye-brows
Tanning milks [cosmetics]
Make-up preparations for the face and body
Nail paint [cosmetics]
Make-up
Colour cosmetics for children
Make-up removing milk
Cosmetics for the use on the hair
Sun blocking oils [cosmetics]
Smoothing emulsions [cosmetics]
Eye cosmetics
Sun blocking lipsticks [cosmetics]
Tanning preparations [cosmetics]
Cosmetics for suntanning
Cleaning pads impregnated with cosmetics
Make-up remover
Cosmetics all for sale in kit form
Make-up powder
Lip cosmetics
Toothpastes
Cosmetics for protecting the skin from sunburn
Make-up bases in the form of pastes
Eyes make-up
Cosmetics for eye-lashes
Sun blocking preparations [cosmetics]
Make-up for the face
Solid powder for compacts [cosmetics]
Make-up kits
Vaginal washes for personal sanitary or deodorant purposes
Powder for makeup.
The mark was filed in class 5 with following description of goods:
Gelatin capsules for pharmaceuticals
Mineral food supplements
Empty capsules for pharmaceuticals
Food supplements in liquid form
Diet capsules
Dietary supplements and dietetic preparations containing CBD oil
Vaginal moisturizers
Vitamin and mineral food supplements
Vitamin tablets
Dietary food supplements
Vitamin preparations in the nature of food supplements
Anti-oxidant food supplements
Health food supplements made principally of vitamins
Food supplements for non-medical purposes
Capsules made of dendrimer-based polymers, for pharmaceuticals
Capsules for medicines
Capsules sold empty for pharmaceuticals
Appetite suppressant pills
Food supplements for veterinary use
Food supplements
Food supplements for sportsmen
Food supplements for dietetic use
Mineral supplements to foodstuffs
Capsules for pharmaceutical purposes
Food supplements consisting of trace elements
Health food supplements made principally of minerals
Health food supplements for persons with special dietary requirements.