The trademark Vawell was filed by Frank Thiele, a national of the Federal Republic of Germany (the "Applicant") and Saskia Straße von Ridder, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on April 19, 2022, and received one opposition filed on June 28, 2022 by Dr. August Wolff GmbH & Co. KG Arzneimittel on Likelihood of confusion. the opponent was represented by HOYNG ROKH MONEGIER PARTNERSCHAFTSGESELLSCHAFT VON RECHTSANWÄLTEN, ADVOCATEN UND AVOCATS À LA COUR MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 28, 2022
The application was filed in German, and German 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:
Toiletries
Grinding preparations
Aloe vera preparations for cosmetic purposes
Balms, other than for medical purposes
Oils for cosmetic purposes
Bergamot oil
Greases for cosmetic purposes
Pumice stone
Cosmetic kits
Hair piece bonding glue
Henna [cosmetic dye]
Adhesives for cosmetic purposes
Cosmetics
Adhesives for affixing false hair
Cosmetics and cosmetic preparations
Oils for cosmetic purposes
Cosmetic preparations for body care
Cosmetic preparations for slimming purposes
Chalk for cosmetic use
Massage gels, other than for medical purposes
Massage oils
Spirit gum for cosmetic use
Tissues impregnated with cosmetic lotions
Tissues impregnated with cosmetics
Cuticle cream
Cosmetics for personal use
Cuticle conditioners
Oils for cosmetic purposes
Oils for toilet purposes
Massage oils and lotions
Cleaner for cosmetic brushes
Cotton wool for cosmetic purposes
Cotton balls for cosmetic purposes
Cotton swabs for cosmetic purposes
Breath fresheners
Breath freshening strips
Breath freshening sprays
Cosmetic preparations for the care of mouth and teeth
Mouthwashes, not for medical purposes
Non-medicated toothpaste
Denture polishes
Preparations for cleaning dentures
Dental bleaching gels
Tooth polish
Toothpaste
Dentifrices in the form of chewing gum
Teeth cleaning lotions
Tooth cleaning preparations
Teeth whitening strips
Amber [perfume]
Amber [perfume]
Pomanders [aromatic substances]
Pomanders [aromatic substances]
Extracts of flowers [perfumes]
Fragrances
Fragrances for personal use
Perfumes for industrial purposes
Toilet water containing snake oil
Scented water
Eau de parfum
Liquid perfumes
Ionone [perfumery]
Bases for flower perfumes
Heliotropine
Eau de Cologne
Lavender oil for cosmetic use
Synthetic vanillin [perfumery]
Lavender water
Musk [perfumery]
Perfumery
Scented body lotions and creams
Perfumes
Scented body spray
Mint for perfumery
Peppermint oil [perfumery]
Fumigation preparations [perfumes]
Synthetic perfumery
Synthetic musk
Toilet water
Vanilla perfumery
Shower and bath gel
Shower and bath foam
Disposable wipes impregnated with cleansing compounds for use on the face
Cosmetic dyes
Colouring preparations for cosmetic purposes
Pre-moistened cosmetic wipes
Skin care preparations
Skin cleansing foams
Henna for cosmetic purposes
Cosmetic creams and lotions
Collagen preparations for cosmetic purposes
Pre-moistened cosmetic wipes
Beauty milk
Make-up preparations
Make-up
Feminine hygiene cleansing towelettes
Cleaning preparations for personal use
Phytocosmetic preparations
Cosmetics for use on the skin
Douching preparations for personal sanitary or deodorant purposes [toiletries]
Tissues impregnated with make-up removing preparations
Beauty lotions
Herbal extracts for cosmetic purposes
Cosmetic breast firming preparations
Cosmetic hair regrowth inhibiting preparations
Beauty serums
Tissues impregnated with essential oils, for cosmetic use
Beauty care cosmetics
Facial concealer
Make-up removing lotions
Eyes make-up
Make-up removing milks
Make-up removing preparations
Eyebrow pencils
Decorative cosmetics
Eyebrow colors in the form of pencils and powders
Eyebrow cosmetics
Temporary tattoos for cosmetic purposes
Eyeliner
Temporary tattoos for cosmetic purposes
Eyeliner pencils
Solid powder for compacts [cosmetics]
Face glitter
Face and body glitter
Liquid rouge
Creams for tanning the skin
Cosmetic pencils
Pressed face powder
Adhesives for false eyelashes, hair and nails
Cosmetic face powders
Cosmetic creams
Eyelid shadow
Lip glosses
Decorative transfers for cosmetic purposes
Mascara
Cosmetic preparations for eyelashes
Fake blood
Theatrical makeup
Self-tanning preparations [cosmetics]
Beauty masks
Make-up pencils
Make-up powder
Make-up preparations for the face and body
Chalk for make-up
Make-up for the face and body
Blush pencils
Make-up for compacts
Under-eye enhancers
Make up foundations
Make-up for the face
Loose face powder
Lipstick cases
Lipsticks
Lip glosses
Cream soaps
Liquid bath soaps
Shower creams
Liquid soaps for hands and face
Cakes of soap for body washing
Soap products
Soap for foot perspiration
Soaps for personal use
Soaps for body care
Exfoliating scrubs for the hands
Antiperspirant soap
Exfoliating scrubs for the feet
Perfumed soaps
Cleansers for intimate personal hygiene purposes, non medicated
Almond soap
Loofah soaps
Cosmetic soaps
Body cream soap
Industrial soap
Skin soap
Hand soaps
Granulated soaps
Facial soaps
Gels for cosmetic use
Soaps in liquid form
Cakes of toilet soap
Vaginal washes for personal sanitary or deodorant purposes
Waterless soap
Bath flakes
Bath gel
Bath milk
Bath salts, not for medical purposes
Bath foam
Bath preparations, not for medical purposes
Bath soap
Cosmetic preparations for baths
Bath preparations, not for medical purposes
Bubble bath
Antiperspirants for personal use
Antiperspirants [toiletries]
Deodorants for body care
Deodorants for human beings or for animals
Feminine deodorant sprays
Deodorant soap
Astringents for cosmetic purposes
Sun-tanning gels
After-sun oils [cosmetics]
Alum stones [astringents]
Anti-aging moisturizers
Anti-aging skincare preparations
Fingernail sculpturing overlays
Eye-washes, not for medical purposes
Eye compresses for cosmetic purposes
Baby powder
Skin whitening creams
Skin whitening preparations
Skin whitening creams
Nail polish top coat
Sun-tanning creams and lotions
Make-up removing creams
Skin fresheners
Moisturising creams, lotions and gels
Skin moisturizer masks
Skin moisturisers
Face creams for cosmetic use
Face creams for cosmetic use
Cosmetic facial lotions
Facial masks
Face packs
Facial cleansing milk
Facial washes [cosmetic]
Toners for cosmetic purposes
Cosmetic facial lotions
Facial toners [cosmetic]
Skin lighteners
Skin lotion
Skin care lotions [cosmetic]
Skin cleansing lotion
Skin cleansers
Cocoa butter for cosmetic purposes
Adhesives for affixing false eyelashes
Adhesives for affixing false eyebrows
Body cream
Cosmetic creams for firming skin around eyes
Cosmetic suntan lotions
Moisturising body lotion [cosmetic]
Facial moisturisers [cosmetic]
Moisturising gels [cosmetic]
Facial preparations
Moisturising skin lotions [cosmetic]
Skin care creams [cosmetic]
Cosmetic preparations for skin care
Body cream
Cosmetic body scrubs
Cosmetic preparations for skin renewal
Cosmetic nail care preparations
Cosmetic oils for the epidermis
Cosmetic preparations for dry skin during pregnancy
Wrinkle-minimizing cosmetic preparations for topical facial use
Cosmetic products in the form of aerosols for skincare
Cosmetic sun-protecting preparations
Artificial fingernails of precious metal
False nails
False eyelashes
Lip balms [non-medicated]
Lotions for strengthening the nails
Lotions for cosmetic purposes
Almond milk for cosmetic purposes
Wipes impregnated with a skin cleanser
Cosmetics in the form of lotions
Nail repair preparations
Nail whiteners
Nail art stickers
Nail conditioners
Nail glitter
Nail strengtheners
Nail varnish
Nail varnish for cosmetic purposes
Nail varnish removers
Nail polish base coat
Nail care preparations
Nail care preparations
Fingernail tips
Scented body creams
Scented body lotions
Exfoliants
Exfoliating scrubs for the face
Exfoliating scrubs for cosmetic purposes
Exfoliating scrubs for the body
Shaving lotion
Cleansing creams
Cleansing milk for toilet purposes
Shaving stones [astringents]
Retinol cream for cosmetic purposes
Whiting
Face packs
Self-adhesive false eyebrows
Suntan oils for cosmetic purposes
Sunscreen preparations
Cosmetic foams containing sunscreens
Sun care preparations for cosmetic use
Sun-tanning preparations [cosmetics]
Topical skin sprays for cosmetic purposes
Talcum powder, for toilet use
Skin toners
Day creams
Petroleum jelly for cosmetic purposes
Waterproof sunscreen
Baby shampoo
Beard dyes
Bleaching preparations [decolorants] for cosmetic purposes
Permanent waving and curling preparations
Moustache wax
Hair waving preparations
Hair colour removers
Hair straightening preparations
Hair moisturisers
Hair balsam
Hair frosts
Hair bleaching preparations
Hair fixers
Hair creams
Hair dyes
Preparations for setting hair
Hair gel
Hair glaze
Hair straightening preparations
Hair mascara
Oils for hair conditioning
Hair care preparations, not for medical purposes
Hair grooming preparations
Hair mousse
Shampoos
Baby hair conditioner
Hair spray
Hair conditioners
Hair conditioner bars
Hair wax
Shampoos
Preparations for setting hair
Shampoo-conditioners
Hair-washing powder
Japanese hair fixing oil (bintsuke-abura)
Cold waving solutions
Cosmetic hair lotions
Hair waving preparations
Lotions for beards
Neutralizers for permanent waving
Hair waving preparations
Pomades for cosmetic purposes
Hair treatment preparations
Shampoos for human hair
Shampoo bars
Preparations for protecting the hair from the sun
Styling gels
Styling gels
Styling lotions
Styling paste for hair
Hydrogen peroxide for use on the hair
Hydrogen peroxide for cosmetic purposes
After-shave emulsions
After-shave preparations
Pre-shave creams
Depilatory creams
Depilatory preparations
Depilatory wax
Depilatory creams
Pastes for razor strops
Shaving cream
Shaving gel
Shaving preparations
Shaving foam
Shaving soap
After-shave lotions
Wax strips for removing body hair
Deodorants for pets
Shampoos for pets [non-medicated grooming preparations]
Shampoos for animals [non-medicated grooming preparations]
Cosmetics for animals
Aromatherapy preparations
Ethereal essences
Ethereal essences and oils
Ethereal oils
Essential oils of citron
Essential oils for personal use
Essential oils for aromatherapy use
Essential oils for household use
Essential oils of cedarwood
Essential oils for use in manufacturing processes
Essential oils for use in the manufacture of scented products
Scented oils
Essential oils of lemon
Cake flavourings [essential oils]
Scented oils used to produce aromas when heated
Gaultheria oil
Jasmine oil
Geraniol
Lavender oil
Food flavourings [essential oils]
Almond oil
Natural essential oils
Oils for perfumes and scents
Mint essence [essential oil]
Aromatics [essential oils]
Flavourings for beverages [essential oils]
Safrol
Rose oil
Badian essence
Terpenes [essential oils]
Scouring solutions
Floor stripping preparations
Ammonia for cleaning purposes
Antistatic preparations for household purposes
Stain removing benzine
Preparations to make the leaves of plants shiny
Floor wax
Polish for furniture and flooring
Detergents prepared from petroleum
Detergents, other than for use in manufacturing operations and for medical purposes
Canned pressurized air for cleaning and dusting purposes
Javelle water
Colorants for toilet purposes
Descaling preparations for household purposes
Paint stripping preparations
Colour-removing preparations
Degreasing preparations with a solvent base
Degreasers, other than for use in manufacturing processes
De-greasing preparations for household purposes
Pre-moistened towelettes impregnated with dishwashing detergent
Stain removers
Varnish-removing preparations
Pet stain removers
Liquid soap for dish washing
Floor polish
Floor cleaning preparations
Dishwashing detergents
Dishwasher detergents
Dishwasher tablets
Impregnated paper tissues for cleaning dishware
Impregnated cloths for polishing
Shining preparations [polish]
Detergents for household use
Cleaning chalk
Glass cleaning preparations
Lacquer-removing preparations
Floor wax removers [scouring preparations]
Cloths impregnated with a detergent for cleaning
Cloths impregnated with polishing preparations for cleaning
Fruit and vegetable wash
Cloths impregnated with a detergent for cleaning
Drain and sink unblocking preparations
Preparations for unblocking drain pipes
Furniture polish
Soda lye
Shining preparations for fruit
Oils for cleaning purposes
Scented fabric refresher sprays
Scented linen water
Wax for parquet floors
Polishing creams
Polishing preparations
Polish for musical instruments
Polishing powders
Polishing rouge
Spray cleaners for household use
Soap powder
Polishing preparations
Saddle soap
Ammonia [volatile alkali] [detergent]
Non-slipping wax for floors
Non-slipping liquids for floors
Scouring liquids
Rust removing preparations
Windscreen cleaning preparations
Oven cleaning preparations
Cleaning preparations for plant leaves
Glass cleaning preparations
Cleaning preparations
Cleaning solutions for dental ultrasonic sterilization apparatus
Eyeglass lens cleaning solutions
Furbishing preparations
Cleaning and shining preparations for plant leaves
Upholstery cleaners
Polishing wax
Soap powder
Laundry preparations
Laundry preparations
Agents for removing wax
Volcanic ash for cleaning
Drying agents for dishwashing machines
Oil of turpentine for degreasing
Turpentine for degreasing
Carpet shampoo
Carpet cleaning preparations
Wallpaper cleaning preparations
Dishwasher detergents in gel form
Spray cleaners for use on textiles
Incense
Room scenting sprays
Joss sticks
Potpourris [fragrances]
Potpourri sachets for incorporating in aromatherapy pillows
Air fragrancing preparations
Scented sachets
Fragrance sachets for eye pillows
Scented ceramic stones
Scented pine cones
Scented linen sprays
Scented wood
Refills for electric room fragrance dispensers
Scented sachets
Fragrance refills for non-electric room fragrance dispensers
Sachets for perfuming linen
Automobile wax
Carnauba wax for automotive use
Automobile polishes
Windscreen cleaning liquids
Detergents for automobiles
Essential oils as perfume for laundry purposes
Soap for brightening textile
Laundry bleach
Bleaching salts
Bleaching soda
Colour-brightening chemicals for household purposes [laundry]
Dry cleaning fluids
Liquid soap for laundry
Laundry glaze
Starch glaze for laundry purposes
Smoothing preparations [starching]
Washing soda, for cleaning
Dry-cleaning preparations
Quillaia bark for washing
Cleaning preparations for fabrics
Laundry soap
Rinsing agents for laundry
Starch for laundry purposes
Detergents for machine dishwashing
Laundry wax
Laundry blueing
Laundry soaking preparations
Laundry additives
Fabric softeners
Fabric softeners for laundry use
Shoe polish applicators containing shoe polish
Leather bleaching preparations
Creams for leather
Leather preservatives [polishes]
Leather polishes
Cleaning preparations for leather
Shoe cream
Shoe wax
Shoe polish
Diamantine [abrasive]
Flexible abrasives
Smoothing stones
Industrial abrasives
Corundum [abrasive]
Carbides of metal [abrasives]
Polishing paper
Polishing stones
Sandpaper
Sandpaper for sharpening drawing pencils
Sandpaper pads for sharpening drawing pencils
Sanding gloves
Scouring powders
Glass cloth [abrasive cloth]
Abrasive strips
Abrasive paper
Abrasive paste
Emery
Emery cloth
Emery paper
Abrasive sand
Silicon carbide [abrasive]
Sandcloth
General purpose scouring powder
Tripoli stone for polishing
Tailors' wax
Cobblers' wax
Shoemakers' wax.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Sanitary preparations and articles
Pest control preparations and articles
Dental preparations and articles, and medicated dentifrices
Slimming pills
Anti-oxidant food supplements
Appetite suppressants for medical purposes
Food for babies
Asthmatic tea
Dietary fibre
Diabetic bread adapted for medical use
Bee pollen for use as a dietary food supplement
Diastase for medical purposes
Dietetic preparations adapted for medical use
Dietetic beverages for babies adapted for medical purposes
Dietetic beverages adapted for medical purposes
Dietetic substances adapted for medical use
Dietetic sugar for medical use
Dietetic foods adapted for medical purposes
Albuminous preparations for medical purposes
Ground flaxseed fiber for use as a dietary supplement