The trademark le LaBotanique was filed by Consultoria de cultura y comercio espachina s.l, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on October 18, 2020, and received one opposition filed on January 18, 2021 by Pharma Bavaria International GmbH on Likelihood of confusion. the opponent was represented by INVENTA INTERNATIONAL, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 18, 2021
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003139301 was refused according to Article 8(1)(b) EUTMR with decision issued on January 16, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Powder for make-up
Cosmetic moisturisers
Oils for cosmetic purposes
Cosmetic rouges
Cosmetic soaps
Cosmetics and cosmetic preparations
Cosmetic dyes
Tonics [cosmetic]
Functional cosmetics
Natural cosmetics
Organic cosmetics
Skin masks [cosmetics]
Non-medicated cosmetics
Cosmetic preparations for eyelashes
Cosmetics for animals
Sun-tanning gels
Cosmetic face powders
Fluid creams [cosmetics]
Nail cosmetics
Cosmetic body scrubs
Decorative cosmetics
Lip stains [cosmetics]
Cosmetics in the form of powders
Toning creams [cosmetic]
After-sun oils [cosmetics]
Moisturising gels [cosmetic]
Moisturising concentrates [cosmetic]
Self tanning lotions [cosmetic]
Cosmetic kits
Powder compacts [cosmetics]
Body oils [for cosmetic use]
Skin cleansers [cosmetic]
Emollient preparations [cosmetics]
Lint for cosmetic purposes
Cosmetics for personal use
Cleaner for cosmetic brushes
Nail varnish remover [cosmetics]
Lacquer for cosmetic purposes
Lip protectors [cosmetic]
Suntan lotion [cosmetics]
Nail hardeners [cosmetics]
Henna for cosmetic purposes
Self-tanning preparations [cosmetics]
Cosmetic white face powder
Exfoliating scrubs for cosmetic purposes
Cosmetics containing keratin
Cosmetics containing panthenol
Self tanning creams [cosmetic]
Suntanning oil [cosmetics]
Cosmetics for the use on the hair
Moisturising body lotion [cosmetic]
Eyebrow cosmetics
Face packs
Concealers
Lip coatings [cosmetic]
Nail primer [cosmetics]
Cosmetics for children
Procollagen for cosmetic purposes
Make up foundations
Cosmetics in the form of milks
Cosmetics in the form of rouge
Facial wipes impregnated with cosmetics
Cosmetics in the form of oils
Tissues impregnated with cosmetics
Facial moisturisers [cosmetic]
Sun protecting creams [cosmetics]
Sun blocking preparations [cosmetics]
Nail tips [cosmetics]
Sun blocking oils [cosmetics]
Powder compact refills [cosmetics]
Beauty care cosmetics
Cosmetic oils for the epidermis
Bath oils for cosmetic purposes
Solid powder for compacts [cosmetics]
Lip cosmetics
Cosmetic products for the shower
Cosmetic pencils for cheeks
Cosmetics containing hyaluronic acid
Facial peel preparations for cosmetic use
Cosmetics in the form of lotions
Body paint for cosmetic purposes
Cosmetics in the form of creams
Liners [cosmetics] for the eyes
Cosmetics in the form of gels
Facial masks
Sun care preparations
Body and facial gels [cosmetics]
Colour cosmetics for children
Moisturising skin lotions [cosmetic]
Cosmetics for the treatment of dry skin
Colour cosmetics for the skin
Skin whitening preparations [cosmetic]
Cosmetic preparations for use as aids to slimming
Impregnated cleaning pads impregnated with cosmetics
Cosmetic preparations for body care
Cosmetic preparations for nail drying
Retinol cream for cosmetic purposes
Cotton balls for cosmetic purposes
Anti-aging moisturizers used as cosmetics
Moisturising skin creams [cosmetic]
Sun protectors for lips
Colour cosmetics for the eyes
Colouring preparations for cosmetic purposes
Cosmetic skin enhancers
Castor oil for cosmetic purposes
Amla oil for cosmetic purposes
Acne cleansers, cosmetic
Cosmetics for use on the skin
Nail base coat [cosmetics]
Cosmetic preparations for skin care
Cosmetics in the form of eye shadow
Paper hand towels impregnated with cosmetics
Collagen preparations for cosmetic application
Cosmetic hair regrowth inhibiting preparations
Perfume oils for the manufacture of cosmetic preparations
Skin conditioning creams for cosmetic purposes
Sets of cosmetic oral care products
Cosmetics for use in the treatment of wrinkled skin
After sun creams
Sun blocking lipsticks [cosmetics]
Gel eye patches for cosmetic purposes
Skin care oils [cosmetic]
Cosmetics for protecting the skin from sunburn
Refill packs for cosmetics dispensers
Pores tightening mask packs used as cosmetics
Skin lightening compositions [cosmetic]
Body and facial creams [cosmetics]
Non-medicated cosmetics and toiletry preparations
Slimming aids [cosmetic], other than for medical use
Teeth whitening strips impregnated with teeth whitening preparations [cosmetics]
Liquid latex body paint for cosmetic purposes
Cosmetic preparations for the care of mouth and teeth
Cosmetic preparations for the hair and scalp
Cosmetic products in the form of aerosols for skincare.