The trademark CALMA CARE was filed by ADVENTIA PHARMA, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on March 23, 2021, and received one opposition filed on June 8, 2021 by BOIRON on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Plasseraud IP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 8, 2021
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietetic foods adapted for invalids
Food for medically restricted diets
Dietetic foods for use in clinical nutrition
Dietetic foods adapted for medical purposes
Food for diabetics
Antioxidants
Dietary supplemental drinks
Dietetic beverages for babies adapted for medical purposes
Dietetic beverages adapted for medical purposes
Food supplements
Dietary and nutritional supplements
Mineral nutritional supplements
Powdered nutritional supplement drink mix
Dietetic confectionery adapted for medical purposes
Dietetic infusions for medical use
Dietetic food preparations adapted for medical use
Dietetic preparations adapted for medical use
Neutraceutical preparations for humans
Nutraceuticals for use as a dietary supplement
Sugar substitutes for diabetics
Dietetic sugar substitutes for medical use
Mineral dietary supplements for humans
Glucose dietary supplements
Nutritional supplements
Dietary supplements for controlling cholesterol, none of the aforementioned products are for gum care, health and hygiene, for dental care, health and hygiene products, nor for the treatment of teething troubles.
The mark was filed in class 35 with following description of goods:
Retail services in relation to dietetic foods adapted for invalids
Wholesale services in relation to dietetic foods adapted for invalids
Retail services in relation to food for medically restricted diets
Wholesale services in relation to food for medically restricted diets
Retail services in relation to dietetic foods for use in clinical nutrition
Wholesale services in relation to dietetic foods for use in clinical nutrition
Retail services in relation to dietetic foods adapted for medical purposes
Wholesale services in relation to dietetic foods adapted for medical purposes
Retail services in relation to food for diabetics
Wholesale services in relation to food for diabetics
Retail services in relation to antioxidants
Wholesale services in relation to antioxidants
Retail services in relation to dietary supplemental drinks
Wholesale services in relation to dietary supplemental drinks
Retail services in relation to dietetic beverages for babies adapted for medical purposes
Wholesale services in relation to dietetic beverages for babies adapted for medical purposes
Retail services in relation to dietetic beverages adapted for medical purposes
Wholesale services in relation to dietetic beverages adapted for medical purposes
Retail services in relation to dietary supplements
Wholesale services in relation to dietary supplements
Retail services in relation to dietary and nutritional supplements
Wholesale services in relation to dietary and nutritional supplements
Retail services in relation to mineral nutritional supplements
Wholesale services in relation to mineral nutritional supplements
Retail services in relation to powdered nutritional supplement drink mix
Wholesale services in relation to powdered nutritional supplement drink mix
Retail services in relation to dietetic confectionery adapted for medical purposes
Wholesale services in relation to dietetic confectionery adapted for medical purposes
Retail services in relation to dietetic infusions for medical use
Wholesale services in relation to dietetic infusions for medical use
Retail services in relation to dietetic food preparations adapted for medical use
Wholesale services in relation to dietetic food preparations adapted for medical use
Retail services in relation to dietetic preparations adapted for medical use
Wholesale services in relation to dietetic preparations adapted for medical use
Retail services in relation to neutraceutical preparations for humans
Wholesale services in relation to neutraceutical preparations for humans
Retail services in relation to nutraceuticals for use as a dietary supplement
Wholesale services in relation to nutraceuticals for use as a dietary supplement
Retail services in relation to sugar substitutes for diabetics
Wholesale services in relation to sugar substitutes for diabetics
Retail services in relation to dietetic sugar substitutes for medical use
Wholesale services in relation to dietetic sugar substitutes for medical use
Retail services in relation to mineral dietary supplements for humans
Wholesale services in relation to mineral dietary supplements for humans
Retail services in relation to glucose dietary supplements
Wholesale services in relation to glucose dietary supplements
Retail services in relation to nutritional supplements
Wholesale services in relation to nutritional supplements
Retail services in relation to dietary supplements for controlling cholesterol
Wholesale services in relation to dietary supplements for controlling cholesterol
Import and export services
None of the aforementioned services are dealing with products for gum care, health and hygiene, with products for dental care, health and hygiene, nor with products for the treatment of teething troubles.