The trademark Pherla was filed by VALERIA CONVERSO, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on October 18, 2020, and received one opposition filed on January 17, 2021 by Verla-Pharm, Arzneimittel GmbH & Co. KG on Likelihood of confusion. the opponent was represented by Merx Pütz Rechtsanwälte PartmbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 17, 2021
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 November 20, 2022.
The Appeal with reference B R0268/2022-2 was Application allowed according to Article 8(1)(b) EUTMR with decision issued on February 6, 2023 by the EUIPO. The Opposition with reference B 003139093 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 19, 2021 by the EUIPO. The null with reference B T-357/23 was Decision annulled according to Article 8(1)(b) EUTMR with decision issued on April 23, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Essential oils and aromatic extracts
Cleaning and fragrancing preparations
Toiletries
Floral water
Aromatics [essential oils]
Food flavourings [essential oils]
Food flavorings prepared from essential oils
Flavourings for beverages [essential oils]
Ethereal essences
Ethereal essences and oils
Aromatic oils
Lavender gel
Distilled oils for beauty care
Ethereal oils
Essential oils for soothing the nerves
Aromatic essential oils
Essential oils of cedarwood
Essential oils of lemon
Essential oils of sandalwood
Emulsified essential oils
Blended essential oils
Helichrysum [essential oils]
Flavour enhancers for food [essential oils]
Cake flavourings [essential oils]
Mint essence [essential oil]
Amla oil for cosmetic purposes
Coconut oil for cosmetic purposes
Gaultheria oil
Jasmine oil
Lavender oil
Almond oil
Castor oil for cosmetic purposes
Rose oil
Aromatherapy preparations
Perfumery, essential oils
Terpenes [essential oils]
Safrol
Household fragrances
Anti-smear agents for cleaning purposes
Stain removing agents
Ammonia [volatile alkali] [detergent]
Starch for cleaning purposes
Ammonia for cleaning purposes
Detergents prepared from petroleum
Foam detergents
Detergents, other than for use in manufacturing operations and for medical purposes
Toilet cleaning gels
Geraniol for fragrancing
Degreasing preparations with a solvent base
Cleaning preparations in the form of foams
Degreasers, other than for use in manufacturing processes
Stain removers
Cleaning solutions for dental ultrasonic sterilization apparatus
Alcoholic solvents being cleaning preparations
Emulsifying solvent cleaners
Cleaning preparations impregnated into pads
Soap pads
Body cleaning and beauty care preparations
Oral hygiene preparations
Perfumery and fragrances
Adhesives for cosmetic purposes
Adhesives for affixing false hair
Seaweed for cosmetology
Balms, other than for medical purposes
Cotton swabs for cosmetic purposes
Massage candles for cosmetic purposes
Massage waxes
Slimming aids [cosmetic], other than for medical use
Colour cosmetics for children
Cosmetics
Cosmetics containing hyaluronic acid
Cosmetics containing keratin
Cosmetics containing panthenol
Cosmetics and cosmetic preparations
Non-medicated cosmetics and toiletry preparations
Natural cosmetics
Non-medicated cosmetics
Organic cosmetics
Cosmetics for children
Cosmetics for personal use
Cosmetics in the form of oils
Mineral oils [cosmetic]
Massage oils, not medicated
Oils for cosmetic purposes
Massage oils
Pedicure preparations
Nasal cleaning preparations for personal sanitary purposes
Non-medicated toiletry preparations
Cuticle removers
Cuticle conditioners
Paper hand towels impregnated with cosmetics
Moist wipes impregnated with a cosmetic lotion
Spirit gum for cosmetic use
Mineral water sprays for cosmetic purposes
Tissues impregnated with cosmetic lotions
Scalp treatments (Non-medicated -)
Ointments for cosmetic use.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Food for babies
Powdered milk foods for infants
Dietetic foods adapted for infants
Food for babies and infants
Beverages for infants
Lacteal flour for babies
Colostrum supplements
Powdered milk for babies and infants
Powdered milk for babies
Milk powders [foodstuff for babies]
Food preparations for babies and infants
Lactose free infant's formula
Substitutes for mothers milk
Melissa water for pharmaceutical purposes
Nutritional supplements
Delivery agents in the form of dissolvable films that facilitate the delivery of nutritional supplements
Delivery agents in the form of coatings for tablets that facilitate the delivery of nutritional supplements
Dietary supplements for humans
Dietetic foods adapted for invalids
Albuminous foodstuffs for medical purposes
Dietetic foods for use in clinical nutrition
Dietetic foods adapted for medical purposes
Freeze-dried food adapted for medical purposes
Homogenized food adapted for medical purposes
Food for diabetics
Food for medically restricted diets
Infant formula
Starch for dietetic use
Antioxidants
Anti-oxidants comprising enzymes
Anti-oxidants derived from honey
Anti-oxidants obtained from herbal sources
Anti-oxidants for dietary use
Anti-oxidants for medicinal use
Nutritional supplement meal replacement bars for boosting energy
Ground flaxseed fiber for use as a dietary supplement
Dietary fiber to aid digestion
Dietary fibre
Protein supplement shakes
Glucose dietary supplements
Yeast dietary supplements
Royal jelly dietary supplements
Pollen dietary supplements
Propolis dietary supplements
Soy protein dietary supplements
Health food supplements for persons with special dietary requirements
Health food supplements made principally of minerals
Health food supplements made principally of vitamins
Anti-oxidant supplements
Protein supplements for animals
Zinc supplement lozenges
Nutritional supplements consisting primarily of calcium
Fitness and endurance supplements
Prebiotic supplements
Probiotic supplements
Strengthening supplements containing parapharmaceutical preparations for prophylactic purposes and for convalescents
Vitamin supplements
Medicinal drinks
Vitamin A preparations
Vitamin B preparations
Vitamin C preparations
Vitamin D preparations
Vitamin and mineral preparations
Dietetic products for invalids
Nutraceuticals for use as a dietary supplement
Neutraceutical preparations for humans
By-products of the processing of cereals for dietetic or medical purposes
Mineral water salts
Linseed dietary supplements
Vitamins and vitamin preparations
Gummy vitamins
Vitamin drops
Prenatal vitamins
Dietetic sugar for medical use
Sugar for medical purposes
Sanitary preparations and articles
Feminine hygiene products
Absorbent sanitary articles
Belts for sanitary napkins [towels]
Sanitary wear
Disinfectants and antiseptics
Rubbing alcohol
Alcohol for pharmaceutical purposes
Medicinal alcohol
Antiseptics
Antiseptics with prophylactic effect
Antiseptics with therapeutic effect
Bactericides
Antiseptic cotton
Aseptic cotton
Antiseptic cleansers
Disinfectants
Disinfectants for medical apparatus and instruments
Disinfectants for dental apparatus and instruments
Disinfectants for contact lenses
Disinfectants for medical instruments
Sanitizers for household use
Disinfectants for hygiene purposes
Disinfectants for medical use
Tissues impregnated with antibacterial preparations
Germicides
Sanitizing wipes
Disinfectants impregnated into tissues
Impregnated medicated wipes
Wipes for medical use
Medicated handwash
Solutions for rinsing contact lenses
Antibacterial sprays
Antiseptic sprays in aerosol form for use on hard surfaces
Antiseptic sprays in aerosol form for use on the skin
Sulfur sticks [disinfectants]
Alcohol swabs for medical purposes
Antiseptic ointments
Antibacterial handwash
Detergents for medical purposes
Germicidal detergents
Disinfecting handwash
Gel scrub, medicated
Vaginal washes for medical purposes
Medicated hand wash
Antibiotic handwash
Medicated toiletry preparations
Anti-bacterial face washes (Medicated -)
Antibacterial handwashes
Anti-microbial handwash
Antibacterial soap
Disinfectant soap
Medicated soap
Pediculicidal shampoos
Medicated shampoos
Pharmaceuticals and natural remedies
Contrast media for use with medical ultrasound apparatus
Contrasting agents for diagnostic ultrasound imaging
Diagnostic agents for pharmaceutical use
Diagnostic agents for medical use
Antiserums for diagnostic purposes
Cultures of microorganisms for medical or veterinary use
Cultures for medical use
Indicators for medical diagnosis
Diagnostic testing materials for medical use
Contrast media for use with medical equipment
Contrast media for in vivo imaging
Contrast media for use in medical imaging
Contrast media for use with X-ray equipment
X-ray contrast media for medical use
Chemical reagents for medical use
Clinical diagnostic reagents
Diagnostic biomarker reagents for medical purposes
Reagents for analytical purposes [for medical purposes]
Reagents for analytical purposes [for veterinary purposes]
Reagents for in-vitro laboratory use [for medical purposes]
Reagents for in-vitro laboratory use [for veterinary purposes]
Radiological contrast substances for medical purposes
Diagnostic substances for medical use
Culture media for medical use
Genetic identity tests comprised of reagents for medical purposes
Sea water for medicinal bathing
Mineral waters for medical purposes
Thermal water
Fodder additives for medical purposes
Cellular function activating agents for medical purposes
Drug delivery agents in the form of coatings for tablets that facilitate the delivery of pharmaceutical preparations
Drug delivery agents that facilitate the delivery of pharmaceutical preparations
Drug delivery agents in the form of dissolvable films that facilitate the delivery of pharmaceutical preparations
Drug delivery agents in the form of edible wafers for wrapping powdered pharmaceuticals
Scrubs [preparations] for medical use
Cellulose esters for pharmaceutical purposes
Yeast extracts for medical, veterinary or pharmaceutical purposes
Bark extract for medical use
Sandalwood oil for medical, pharmaceutical and veterinary purposes
Hydrogen peroxide for medical purposes
Biochemical preparations for medical use
Chemical preparations for medical purposes
Medicinal healthcare preparations
Medical preparations
Menthol vapor bath preparations for babies
Therapeutic preparations for the bath
Mixed biological preparations for medical purposes
Bath salts for medical purposes
Oral rehydration salts
Chromatographic supports for medical use
Cell growth media for growing cells for medical use
Trypsins for medical purposes
Urease for medical purposes
Antimicrobial clay
Clay for use in mud baths [health spas]
Collyrium
Cleaners [preparations] for sterilising surgical instruments
Lubricant gels for personal use
Iodoform
Silicone-based personal lubricants
Hygienic lubricants
Water-based personal lubricants
Personal sexual lubricants
Chemical preparations for sanitary purposes
Antibacterial clay preparations
Air sanitizing preparations
Nail sanitizing preparations
Douching preparations for medical purposes
Sanitary preparations for medical purposes
Sanitary sterilising preparations
Medicated dry shampoos
Cleansing solutions for medical use
Substances in tablet form for use in the sterilisation of water
Tanning pills
Acetaminophen [for relief of pain]
Acetates for pharmaceutical purposes
Aluminium acetate for pharmaceutical purposes
Acids for pharmaceutical purposes
Gallic acid for pharmaceutical purposes
Aconitine
Demineralised water for medical purposes
Lead water
Alcohol detoxifying agents
Capillary stabilizing agents for medical purposes
Herbal detoxification agents
Pharmaceutical agents affecting metabolism
Pharmaceutical agents for epidermis
Pharmaceutical agents for treating physically caused lesions
Formic aldehyde for pharmaceutical purposes
Aldehydes for pharmaceutical purposes
Alginates for pharmaceutical purposes
Starch for dietetic or pharmaceutical purposes
Starch for pharmaceutical purposes
Amino acids for medical purposes
Anhidrotics
Anoretics
Antacids
Antimicrobials for dermatologic use
Astringents [pharmaceutical]
Astringents for medical purposes
Dried Chinese boxthorn fruits for Chinese medicinal use
Medicated muscle soaks
Multi-purpose medicated analgesic balms
Sedatives
Calomel [fungicide]
Camphor for medical purposes
Quinquina for medical purposes
Quinine for medical purposes
Chinoline for medical purposes
Medicated compresses
Dragees [medicines]
Pharmaceutical sweets
Barks for pharmaceutical purposes
Medicinal creams for the protection of the skin
Pain relieving creams
Corn and callus creams
Creams (Medicated -) for the feet
Body creams [medicated]
Bacteria fighting cleanser
Antibacterial facial cleanser
Acne cleansers [pharmaceutical preparations]
Fat emulsions for parenteral hyperalimentation
Digestive enzymes
Chinese traditional medicinal herbs
Medicinal herbs
Medicinal herbs in dried or preserved form
Eucalyptus for pharmaceutical purposes
Eucalyptol for pharmaceutical purposes
Linseed meal for pharmaceutical purposes
Anti-inflammatory gels
Alcohol-based antibacterial skin sanitizer gels
Medicated oral care gels
Medicated body gels
Body gels for pharmaceutical use
Liniments
Liquid antipruritic
Liquorice for pharmaceutical purposes
Calamine lotion
Moisturising body lotion [pharmaceutical]
Serotherapeutic medicines
Herbal medicine
Slimming pills
Epidermal growth factor preparations for the treatment of burns
Bacteriological preparations for pharmaceutical use
Chemical preparations for pharmaceutical purposes
Pharmaceutical preparations for use in dermatology
Preparations for cleansing the skin for medical use
Preparations for preventing nail biting
Nail fungus treatment preparations
Pharmaceutical preparations for preventing skin blemishes during pregnancy
Pharmaceutical preparations for the prevention of stretch marks
Pharmaceutical preparations for human use
Medical preparations for slimming purposes
Medicinal preparations for the treatment of infectious diseases
Acne treatment preparations
Nail care preparations for medical use
Chemico-pharmaceutical preparations
Chilblain preparations
Preparations for callouses
Preparations for the treatment of burns
Dermatological preparations
Pharmaceutical preparations for skin care
Inhalants
Skin care preparations for medical use
Remedies for foot perspiration
Nasal rinse
Epsom salts
Magnesium salts for pharmaceutical use
Serums
Magnesium sulphate for pharmaceutical use
Alginate solutions for pharmaceutical purposes
Anti-inflammatory sprays
Decongestant nasal sprays
Medicinal sprays
Medicated mouth spray
Medicated throat sprays
Nasal spray for the treatment of allergies
Tinctures for medical purposes
Artificial tea [for medicinal use]
Slimming tea for medical purposes
Medicinal tea
Ointments for treating nappy rash
Ointments for pharmaceutical purposes
Multi-purpose medicated mentholated salves
Air freshening
Deodorising room sprays
Odour absorbing materials
All purpose deodorizing preparations for household, commercial or industrial use
Preparations for the neutralising of odours
Deodorizing preparations for household, commercial or industrial use
Air deodorizing preparations comprised of activated charcoal
Air purifying preparations
Air freshener refills
Hygienic preparations and articles.
The mark was filed in class 10 with following description of goods:
Physiological apparatus for medical use
Air inflatable limb compression apparatus
Apparatus for the treatment of leg ulcers
Apparatus for the treatment of lymphoedema
Apparatus for the prevention of pressure sores
Infusion apparatus for therapeutic purposes
Apparatus for the prevention of leg ulcers
Apparatus for producing ultrasonic waves for medical application
Apparatus for medical rehabilitation
Apparatus for administering drugs by inhalation
High frequency electromagnetic therapy apparatus
Infrared apparatus for medical purposes
Electromedical instruments for slimming treatments
Medical radiation apparatus
Autoclaves for medical use
Autoinjectors for the administration of pharmaceutical preparations
Medical pressure chambers
Chemically activated hot compresses for medical use
Compresses for supporting the body
Chemically activated cold compresses for medical use
Inoculating apparatus
Nasal irrigators, electric
Nasal irrigators, non-electric
Ultraviolet radiator units for therapeutic purposes
Electrodes for use with medical apparatus
Non-selective electrodes being chemically sensitive probes [for medical use]
Electrophysiology electrodes
Electrodes for picking up biological parameters
Electrodes for picking up electrophysiological parameters
High frequency generators for use in medical treatment
Magnetic field generators for medical use
Ozone generators for use in administering ozone therapy
Inhalers for therapeutic use
Jet injectors for medical use
Hypodermic injectors
Curing lamps for medical purposes
Medical operating lamps
Heat lamps for medical use
Fleams
Warmers for medical use
Solaria for medical purposes
Sources of ultrasonic fields for use in medical treatment
Instruments for extracting human body fluids
High frequency cutting instruments for medical purposes
Non-electric acupuncture instruments
Hypothermia analysis instruments
Injection instruments without needles
Visible light treatment instruments
Acupuncture instruments
Ultrasonic cleaning instruments for surgical use
Heat pads for therapeutic treatment
Medical tubing
Humidifiers for use with respiratory therapy apparatus
Humidifiers for use in medical treatment
Massage apparatus
Physical therapy equipment
Electric esthetic massage apparatus
Electric esthetic massage apparatus for household purposes