The trademark DERMASOLAR was filed by MEDSPA LABORATOIRES, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on March 3, 2022, and received one opposition filed on May 16, 2022 by DR. PHYTO S.R.L. on Likelihood of confusion. the opponent was represented by Ardeleanu, Ruxandra Raluca and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 16, 2022
The application was filed in French, and French 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:
Skin whitening preparations
Skin whitening preparations [cosmetic]
Skin lighteners
Skin whitening creams
Skin lightening creams
Skin softening preparations
Cosmetic preparations for skin renewal
Cosmetic preparations for skin firming
Sun-tanning preparations [cosmetics]
Cosmetics for use on the skin
Skin lightening compositions [cosmetic]
Sun blocking preparations [cosmetics]
Laundry preparations
Biological laundry detergents
Commercial laundry detergents
Colour run prevention laundry sheets
Laundry liquids
Chemical laundry preparations
Laundry bleach
Laundry soap
Laundry additives
Soda lye
Liquid soap for laundry
Sugar soap
Laundry sizing
Rinsing agents for laundry
Essential oils as perfume for laundry purposes
Laundry detergents for household cleaning use
Polishing preparations
Polishing powders
Automobile polishes
Polishing paper
Impregnated cloths for polishing
Polishing stones
Chrome polish
Polishing creams
Abrasive preparations for polishing
Denture polishes
Metal polishes
Polishing rouge
Tooth polish
Polishing wax
Grease-removing preparations
Automobile cleaners
Turpentine for degreasing
Vehicle cleaning preparations
Degreasing solvents, other than for use in manufacturing processes
Abrasives
Cleaning preparations for use on masonry
Bleaching preparations
Shining preparations [polish]
Natural oils for perfumes
Perfumery, essential oils
Essential oils for use in the manufacture of scented products
Perfume oils for the manufacture of cosmetic preparations
Essential oils for use in air fresheners
Lavender oil for cosmetic use
Aromatic essential oils
Oils for perfumes and scents
Essential oils for aromatherapy use
Oils for cosmetic purposes
Tissues impregnated with essential oils, for cosmetic use
After-sun oils [cosmetics]
Aromatics [essential oils]
Citronella oil for cosmetic use
Cosmetics
Cosmetics and cosmetic preparations
Cosmetic kits
Functional cosmetics
Organic cosmetics
Cosmetic preparations for slimming purposes
Decorative cosmetics
Emollient preparations [cosmetics]
Self-tanning preparations [cosmetics]
Aloe soap
Soap
Carbolic soaps
Antiperspirant soap
Cosmetic soaps
Deodorant soap
Detergent soap
Soaps in liquid form
Toilet soap
Soap for brightening textile
Perfumed soaps
Facial soaps
Perfumes
Eau de parfum
Scented water
Fragrance preparations
Household fragrances
Perfumery and fragrances
Liquid perfumes
Air fragrancing preparations
Aromatics for perfumes
Extracts of perfumes
Perfumes for ceramics
Room fragrancing preparations
Air fragrance reed diffusers
Solid perfumes
Ethereal oils
Food flavourings [essential oils]
Emulsified essential oils
Blended essential oils
Helichrysum [essential oils]
Bergamot oil
Natural essential oils
Aromatherapy oil
Hair lotions
Hair protection lotions
Colouring lotions for the hair
Styling lotions
Hair strengthening treatment lotions
Hair care lotions
Shampoos
Hair creams
Hair protection creams
Cosmetics for the use on the hair
Hair glaze
Hair colour removers
Hair conditioners
Hair spray
Hair moisturisers
Hairstyling serums
Dentifrices
Liquid dentifrice
Tooth whitening pastes
Chewable dentifrices
Dentifrice powder
Depilatory preparations
Depilatory lotions
Depilatory creams
Hair removal and shaving preparations
Depilatory wax
Shaving lotion
Wax strips for removing body hair
Shaving sets, comprised of shaving cream and aftershave
Shaving cream
Shaving sprays
Make-up removing preparations
Make-up preparations
Cosmetic moisturisers
Antiperspirants [toiletries]
Cleaning preparations
Softening cleanser [cosmetic]
Facial moisturisers [cosmetic]
Toilet cleaners
After sun moisturisers
Preservative creams for leather
Leather preservatives [polishes]
Creams for leather
Leather polishes
Leather dressings
Cleaning preparations for leather
Tissues impregnated with leather gloss agents
Leather bleaching preparations
Lipsticks
Lip glosses
Lip cosmetics
Lip gloss palettes
Lipstick cases
Lip liners
Lip stains [cosmetics]
Lip coatings [cosmetic]
Lip conditioners
Lip cream
Sun protectors for lips
Lip protectors [cosmetic]
Lip balms [non-medicated]
Beauty masks
Face packs
Body masks
Hair masks
Facial masks
Foot masks for skin care
Hand masks for skin care
Cleaning masks for the face
Facial scrubs [cosmetic]
Beauty lotions
Shaving preparations
Shaving preparations in liquid form
Shaving oils
Shaving balm
Shaving stones
Shaving gel
Perfumed body lotions [toilet preparations]
Nappy cream [non-medicated]
Baby hair conditioner
Baby shampoo
Disclosing tablets for personal use in indicating tartar on the teeth
Tooth powder
Chemical cleaning preparations for household purposes
Bath concentrates (Non-medicated -)
Skin care preparations
Cosmetic preparations for skin care
Essences for skin care
Anti-aging skincare preparations
Wrinkle removing skin care preparations.
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations for hydrating the skin during pregnancy
Chemico-pharmaceutical preparations
Air deodorising and air purifying preparations
Disinfectant soap
Antibacterial soap
Medicated soap
Germicidal preparations [other than soap]
Medicated hair lotions
Medicated dentifrices
Medicated toothpaste
Dental preparations and articles, and medicated dentifrices
Lead water
Antiseptic washing preparations
Opotherapy preparations
Radiopharmaceutical products
Anti-inflammatory preparations
Dietetic foods adapted for medical purposes
Dietetic food adapted for veterinary use
Dietetic substances adapted for veterinary use
Dietetic substances adapted for medical use
Dietetic food preparations adapted for medical use
Medical foodstuff additives for veterinary use
Freeze-dried food adapted for medical purposes
Preparations of microorganisms for medical or veterinary use
Dietetic confectionery adapted for medical purposes
Dietetic beverages adapted for medical purposes
Dietetic sweeteners for medical purposes
Dietetic preparations adapted for medical use
Bacteriological preparations for medical and veterinary use
Pharmaceuticals
Cardiovascular pharmaceuticals
Anti-epileptic pharmaceutical preparations
Anti-diabetic pharmaceuticals
Homeopathic pharmaceuticals
Diaphoretics
Antibacterial pharmaceuticals
Analeptics
Dermatological pharmaceutical products
Lactagogues
Dietetic beverages for babies adapted for medical purposes
Medicated additives for animal foods
Medicated supplements for foodstuffs for animals
Medicated baby powders
Dietetic foods adapted for infants
Food supplements for veterinary use
Dietary supplements for infants
Babies' creams [medicated]
Dietetic substances for babies
Nutritional supplements for veterinary use
Food supplements
Dietary and nutritional supplements
Anti-oxidant food supplements
Dietary supplements and dietetic preparations
Dietary supplements with a cosmetic effect
Dietary supplements for controlling cholesterol
Protein dietary supplements
Food supplements consisting of trace elements
Medicated food supplements
Nutritional supplements
Dietary supplements consisting primarily of magnesium
Dietary supplements for animals
Food for babies
Nappy cream [medicated]
Food preparations for babies and infants
Babies' diaper-pants
Beverages for infants
Pharmaceutical preparations for veterinary use
Biochemical preparations for veterinary use
Biological preparations for veterinary purposes
Chemical preparations for veterinary purposes
Bacteriological preparations for veterinary purposes
Hygienic preparations for veterinary use
Enzyme preparations for veterinary purposes
Medicines for veterinary purposes
Plasters, materials for dressings
Disinfectant dressings
Medical dressings, coverings and applicators
Surgical plasters
Bandages for dressings
Medical and surgical dressings
Elastic bandages [dressings]
Cleaning solvents for removing adhesive plasters
Dressings, medical
Heating patches for medical purposes
Materials for dressings
Adhesive dressings
Therapeutic medicated bath preparations
Fungicides for medical use
Chemical preparations for sanitary purposes
Bath preparations for medical purposes
Insecticidal veterinary washes
Antibacterial substances for medical purposes
Disinfectants
Disinfectants and antiseptics
Disinfectant swabs
Sanitizing wipes
Cleaning cloths impregnated with disinfectant for hygiene purposes
Medicated and sanitising soaps and detergents
Antiseptic cleansers
Washes (disinfectant -) [other than soap]
Disinfectants for hygiene purposes
Disinfectants for medical instruments
Antiseptics
Bacteria fighting cleanser
Disinfectants for swimming pools
Disinfectants for veterinary use
Disinfectants for medical apparatus and instruments
Chemical preparations for medical purposes
Biochemical preparations for medical use
Bacteriological preparations for medical purposes
Biological preparations for medical purposes
Biotechnological preparations for medical use
Enzyme preparations for medical purposes
Chemical preparations for pharmaceutical purposes
Chemical adjuvants for medical purposes
Nutraceutical preparations for therapeutic or medical purposes
Herbal extracts for medical purposes
Herbal beverages for medicinal use
Herbal compounds for medical use
Plant and herb extracts for medicinal use
Herbal preparations for medical use
Smoking herbs for medical purposes
Medicinal drinks
Mineral preparations and substances for medical use
Tisanes [medicated beverages]
Herbal creams for medical use
Bacteriological preparations for pharmaceutical use
Chemicals for pharmaceutical use
Pharmaceutical preparations for use in dermatology
Pharmaceutical compositions
Pharmaceutical preparations for skin care
Pharmacological preparations for skin care
Anesthetics for surgical use
Anesthetics for non-surgical use
Pharmaceutical preparations for ocular or intraocular surgery.
The mark was filed in class 44 with following description of goods:
Cosmetic make-up services
Cosmetic electrolysis
Body waxing services for the human body
Depilatory waxing
Cosmetic laser treatment of unwanted hair
Providing information about dietary supplements and nutrition
Health care consultancy services [medical]
Medical and healthcare clinics
Managed health care services
Professional consultancy relating to health care
Medical and healthcare services
Home health care services
Consultancy in the field of body and beauty care
Consulting services relating to health care
Advisory services relating to beauty treatment
Ambulant medical care
Health care in the nature of health maintenance organizations
Medical treatment services
Respite care services in the nature of nursing aid services
Provision of medical services
Medical tele-reporting [medical services]
Medical consultations
Medical information
Medical assistance
Medical diagnostic services
Heat therapy [medical]
Medical counseling
Medical clinic services
Medical evaluation services
Advisory services relating to medical services
Beauty care for human beings
Application of cosmetic products to the body
Advisory services relating to the care of pet animals
Services for the care of the skin
Consultation services relating to skin care
Beauty care
Facial beauty treatment services
Beauty salon services
Leasing skin care equipment
Skin care salons
Hygienic and beauty care
Convalescent home services
Services of a hair and beauty salon
Hair salon services for children
Medical house call services
Providing information relating to beauty salon services
Nursing home services
Hairdressing
Hair salon services
Pet beauty salon services
Barber shop services
Plastic surgery
Cosmetic and plastic surgery
Surgery
Surgery (Cosmetic -)
Cosmetic and plastic surgery clinic services
Cosmetic dentistry
Veterinary surgical services
Rest home services
Garden design services
Hospital services
Hospital nursing home services
Psychiatric services
Pharmaceutical services
Paramedical services
Therapy services
Hospice services
Arranging of accommodation in rest homes
Arranging of accommodation in convalescent homes
Hair salon services for men
Airbrush tanning salon services
Hair salon services for women
Tanning salon and solarium services
Rental of machines and apparatus for use in beauty salons or barbers' shops