The trademark DERMAPHOENIX was filed by FRENCH LABORATOIRE, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on March 17, 2022, and received one opposition filed on June 14, 2022 by Phönix Laboratorium GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by WITTE, WELLER & PARTNER Patentanwälte mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 14, 2022
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 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Anti-aging creams
Anti-aging skincare preparations
Anti-aging moisturizers used as cosmetics
Anti-aging serum for cosmetic use
Cosmetic hair lotions
Preparations for protecting the hair from the sun
Hair treatment preparations
Concealers for spots and blemishes
Age spot reducing creams
Cosmetic preparations for slimming purposes
Cosmetics for use as aids to slimming
Skin lighteners
Skin whitening creams
Skin lightening cosmetic preparations
Skin whitening preparations [cosmetic]
Concealers for lines and wrinkles
Cosmetics for use in the treatment of wrinkled skin
Anti-wrinkle cream
Anti-wrinkle cream
Eye wrinkle lotions
Wrinkle-minimizing cosmetic preparations for topical facial use
Wrinkle removing skin care preparations
Creams for cellulite reduction.
The mark was filed in class 5 with following description of goods: