The trademark MYLAQ was filed by "PROTEC-OPOLE" Sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on November 10, 2020, and received one opposition filed on February 10, 2021 by Mylan Inc. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Koch, Manuela and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 10, 2021
The application was filed in Polish, and Polish 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 March 25, 2021. Appointment and Replacement of representative of the trademark registration was recorded on July 12, 2023.
The Appeal with reference B R1889/2023-1 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on July 16, 2024 by the EUIPO. The Opposition with reference B 003140580 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 6, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Acrylic powder for the preparation of acrylic compound for nail extensions
Nail base coat [cosmetics]
Base nail varnish
Nail base coats
Nail varnish
Nail-art varnishes for cosmetic purposes
Nail polish bases
UV curable nail varnish
Nail varnish
Nail polish pens
Nail polish top coat
Thermal nail varnish
Glitter for cosmetic purposes
Nail glitter
Zirconia for nail decoration
Nail art stickers
Nail enamel corrector pen
Crystals, sequins, gems and precious stones for nail ornamentation
Varnish in spray form for nail decoration
Powders for nail decoration
Dust for nail decoration
Magnetic plates for presenting nail ornamentation patterns
Fingernail overlay material
Nail polish base coat
Fingernail dye [cosmetics] and Nail primer [cosmetics]
Nail polish base coat
Fingernail sculpturing overlays
Preparations for repairing nail defects or creating nail extensions
Cosmetic preparations for nail drying
Acrylic powders for making nail varnish
Gel for creating coats of varnish on nails
Glue for nail transfer foils
Glue for strengthening nails
Adhesives for affixing artificial fingernails
Adhesives for artificial nails
Nail art stickers
Nail stickers
Fingernail sculpturing overlays
Powder for forming sculpted finger nail tips
Nail glitter
Nail glitter
False nails
Artificial nails for cosmetic purposes
False toenails
False nails and Other preparations that can be applied on fingernails, e.g. fingernail tattoos
Artificial fingernails of precious metal
Fingernail tips
Nail strengtheners
UV acrylic gel for nails
Gels for nails
Colour gel for nails
Gel
Gel for nail extensions
Gel nail varnish removers
Acetone for removing nail varnish
Foil for removing nail varnish
Gel nail removers
Adhesive tape for removing nail varnish
Nail varnish removers
Nail polish remover pens
Nail varnish remover [cosmetics]
Transfer foils for applying patterns to nails
Nail lotions, not for medical purposes
Nail lotions, not for medical purposes
Nail oils
Abrasive paper for use on the fingernails
Nail strips
Nail cleaning preparations
Nail degreasing preparations
Preparations for polishing the nails
Nail care preparations
Cosmetic nail care preparations
Nail revitalising preparations
Nail polishing powder
Nail whiteners
Rapidograph inks for decorating nails
Cosmetics
Nail cosmetics
Nail cream
Cuticle creams
Cuticle oils
Manicure and pedicure lotions
Preparations for drying nail surfaces before varnishing
Artificial and natural nail care preparations, in particular Acrylics and gels used for cosmetic embellishment of natural, and artificial nails
Preparations for etching nail surfaces before varnishing
Cuticle removers
Cuticle removal gels
Sugar scrubs for the feet
Glass-effect foil for nail decoration
Lint for cosmetic purposes
Henna
Exchangeable fingernail tips for presenting fingernail ornamentation patterns
Nail varnish samples
Pads of cellulose wadding for cosmetic purposes, for degreasing nails and cleansing the dispersion layer of hybrid varnish
Make-up pads of cotton wool
Impregnated cleaning pads impregnated with cosmetics
Nail care products (cosmetics)
Emollient or moistening preparations for filing and polishing fingernails All for cosmetic use
Cotton balls for cosmetic purposes
Nail varnish samples
Transparent holders for presenting nail varnishes
Transparent holders for presenting nail ornamentations
Natural nail colour holders for presenting nail varnishes
Natural nail colour holders for presenting nail ornamentations
Holders with embedded circles for presenting nail varnishes and nail ornamentations
Pads of cellulose wadding for cosmetic purposes, for degreasing nails and cleansing the dispersion layer of hybrid varnish.
The mark was filed in class 7 with following description of goods:
Dust bags (for dust separators)
Nail vacuums
Nail dust collectors
Integrated dust separators for collecting dust generated from nail filing.
The mark was filed in class 8 with following description of goods:
Nail nippers
Nail clippers and nail nippers (electric or non-electric)
Cuticle tweezers
Angled cuticle tweezers
Pedicure tweezers
Nail treatment trimmers
Nail clippers
Pointed tweezers
Slanted tweezers
Cuticle tweezers
Angular cuticle tweezers
Pedicure tweezers
Nail care trimmers
Small manicure and pedicure scissors
Nail scissors
Instruments for hybrid manicure and pedicure, Nail skin treatment trimmers, Tweezers, Cuticle sticks, Scrapers and Tweezers
Nail skin treatment trimmers
Manicure sets
Nail polishers
Hand tools and implements (hand-operated) for nail care and nail treatment
Metal instruments for manicure, metal instrument kits for manicure
Nail filing blocks
Pedicure instrument kits
Foot care instrument kits
Four-sided buffer blocks
Nail files
Nail files in the shape of a banana
Pedicure file
Trapezoid files
Straight files
Nail files (electric or non-electric)
Nail buffers
Fingernail polishers, electric or non-electric
4-way nail files
6-way nail files
Nail files in the shape of a boat
Straight nail files
Nail files made of buckskin
Cuticle removal sticks
Airbrush kits for nail treatment
Nail dotting tools
Pointed tweezers
Slanted tweezers
Cuticle tweezers and cuticle nippers
Stamps for creating nail decoration designs
Cuticle pushers
Metal plates for making nail ornamentations
Battery-powered heel rasps
Foot rasps
Milling cutters for cosmetic purposes
Clippers for nail filing
Derma rollers for skin care purposes
Nail cutters
Milling cutters for nails
Clippers for cosmetic purposes
Round caps for nail milling machines
Rapidographs for nail decoration
Tools for distributing dye on nails
Handles for nail clippers
Pinching tools for use with gel or acrylic
Clips for making artificial nails with the use of UV gel of acrylic
Electric machines for nail care
Cuticle sticks of wood
Clips for removing nail varnish, in particular UV-cured (hybrid) nail varnish.
The mark was filed in class 9 with following description of goods:
Goggles
Protective masks
Magnets for creating ornamentations (cat eye effect).
The mark was filed in class 10 with following description of goods: