The trademark ACTUA 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 August 13, 2023, and received one opposition filed on November 13, 2023 by ALDI Einkauf SE & Co. oHG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 13, 2023
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003206925 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 29, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Toothpaste
Tooth care preparations
Dentifrices and mouthwashes
Cosmetics and cosmetic preparations
Perfumes
Aromatics for perfumes
Fragrances
Scented body spray
Aromatics for fragrances
Feminine hygiene cleansing towelettes
Beauty masks
Beauty care cosmetics
Beauty lotions
Beauty preparations for the hair
Hair treatment preparations
Hair balsam
Hair preparations and treatments
Body cleaning and beauty care preparations
Deodorants for body care
Sachets for perfuming linen
Room scenting sprays
Perfumery and fragrances
Perfumery
Aromatic oils
Essential oils for household use
Fumigating incenses (Kunko)
Disclosing tablets for personal use in indicating tartar on the teeth
Tooth whitening creams
Body and facial oils
Non-medicated shower oils
Body washes
Soaps and gels
Cleaning masks for the face
Hair removal and shaving preparations
Cosmetic dyes.
The mark was filed in class 32 with following description of goods:
Soft drinks
Isotonic beverages
Fruit-based beverages
Non-alcoholic fruit juice beverages
Juices
Syrups and other non-alcoholic preparations for making beverages.
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