The trademark OXYGENETIX was filed by Oxygenetix Institute Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on October 2, 2022, and received one opposition filed on December 15, 2022 by AFLOFARM Farmacja Polska Sp. z o.o. on Likelihood of confusion. the opponent was represented by Pawlikowski, Łukasz and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 15, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003185553 was refused according to Article 8(1)(b) EUTMR with decision issued on June 27, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated skin preparations
Skin hydrators
Skin moisturisers
Skin clarifiers
Skin toners
Skin creams
Skin conditioners
Skin emollients
Skin serums
Skin masks
Skin cleansers
Skin fresheners
Skin soaps
Cosmetics
Cosmetic preparations
Skincare cosmetics
Skin make-up
Make up powder
Make up preparations
Foundation
Skin enhancers
Skin moisturisers used as cosmetics
Cosmetic skin recovery creams
Sunblock preparations
Sun screen preparations
Make up removing preparations
Tissues impregnated with make-up removing preparations.
The mark was filed in class 5 with following description of goods:
Medicated skin care preparations
Pharmaceutical preparations for skin care
Medicated skin creams
Medicinal creams for the protection of the skin
Medicated skin lotions
Medicated skin tonics
Medicated skin creams, lotions and tonics for the treatment of scars and other marks
Preparations for cleansing the skin for medical use