The trademark toty. was filed by INDUSTRIAL FARMACEUTICA CANTABRIA, S.A., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on October 5, 2023, and received one opposition filed on January 7, 2024 by Coty International B.V. on Likelihood of confusion. the opponent was represented by NOVAGRAAF FRANCE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 7, 2024
It was designated 'Basic Application' for International Application 1758831 at the World Intellectual Property Organization (WIPO).
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on September 19, 2023. Change of name and professional address of the trademark registration was recorded on September 19, 2024.
The Opposition with reference B 003209661 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 9, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Abrasives
Polishing preparations
Grease-removing preparations
Non-medicated soaps
Perfumery
Perfumery and fragrances
Ethereal oils
Non-medicated cosmetics
Skin care creams, other than for medical use
Cosmetic preparations for skin care
Sun blocking preparations [cosmetics]
Hair care lotions
Cosmetic creams and lotions
Skin care creams, other than for medical use
Non-medicated body care preparations
Cosmetic sun-protecting preparations
Sunscreen
Sun blocking preparations [cosmetics]
Sunscreen preparations.
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations for treating sunburn
Medicines for human purposes
Pharmaceutical preparations for veterinary use
Nutraceutical preparations for therapeutic or medical purposes
Sanitary preparations for medical purposes
Dietetic food adapted for veterinary use
Dietetic foods adapted for medical purposes
Food for babies
Dietetic supplements for human or animal use
Nutritional supplements
Dietary and nutritional supplements for humans and animals for protecting the skin from sunburn
Topical and oral preparations for protecting the skin from sunburn, For medicinal use
Creams (Medicated -) for application after exposure to the sun
Adhesive tapes for medical purposes
Plasters, materials for dressings
Teeth filling material
Disinfectants
Vermin destroying preparations
Fungicides
Herbicides
Chemical preparations for medical purposes
Pharmaceutical preparations for use in dermatology.
The mark was filed in class 35 with following description of goods:
Advertising
Information in business matters
Business administration
Commercial administration of the licensing of the goods and services of others
Office functions
Retail store services, Wholesaling and Online retail store services Via global information networks in relation to the following goods: Soaps, Perfumery, essential oils, cosmetics, Hair lotions, Toothpastes
Retail store services in relation to the following goods: Non-medicated soaps, Perfumery, Perfumery products and scents, Essential oils, Non-medicated cosmetics, Skin care creams, other than for medical use, Cosmetic preparations for skincare, Cosmetic preparations for sun-tan, Hair lotions, cosmetic creams and lotions, non-medicated skincare preparations, non-medicated body care preparations, Cosmetic sunscreen preparations, Sunscreen, Cosmetic sun blocking preparations, sun protection preparations, Preparations for treating sunburn, For pharmaceutical use, Medicines for human purposes, Pharmaceutical preparations for veterinary use, Nutraceutical preparations for therapeutic or medical purposes, Sanitary preparations for medical purposes, Dietetic foods for veterinary purposes, Dietetic foodstuffs adapted for medical use, Food for babies, Dietary supplements for humans and animals, Nutritional supplements, Dietary and nutritional supplements for humans and animals for protecting the skin from sunburn, topical and oral preparations for protecting the skin from sunburn For medicinal use, Medicated creams for application after exposure to the sun, Sticking plasters for medical use, Plasters, materials for dressing, Material for stopping teeth, Disinfectants, Preparations for destroying vermin, Fungicides, herbicides, Chemical preparations for medical purposes, Pharmaceutical preparations for use in dermatology
Full shop services in relation to the following goods: Non-medicated soaps, Perfumery, Perfumery products and scents, Essential oils, Non-medicated cosmetics, Skin care creams, other than for medical use, Cosmetic preparations for skincare, Cosmetic preparations for sun-tan, Hair lotions, cosmetic creams and lotions, non-medicated skincare preparations, non-medicated body care preparations, Cosmetic sunscreen preparations, Sunscreen, Cosmetic sun blocking preparations, sun protection preparations, Preparations for treating sunburn, For pharmaceutical use, Medicines for human purposes, Pharmaceutical preparations for veterinary use, Nutraceutical preparations for therapeutic or medical purposes, Sanitary preparations for medical purposes, Dietetic foods for veterinary purposes, Dietetic foodstuffs adapted for medical use, Food for babies, Dietary supplements for humans and animals, Nutritional supplements, Dietary and nutritional supplements for humans and animals for protecting the skin from sunburn, topical and oral preparations for protecting the skin from sunburn For medicinal use, Medicated creams for application after exposure to the sun, Sticking plasters for medical use, Plasters, materials for dressing, Material for stopping teeth, Disinfectants, Preparations for destroying vermin, Fungicides, herbicides, Chemical preparations for medical purposes, Pharmaceutical preparations for use in dermatology
Online retail store services Via global information networks in relation to the following goods: Pharmaceutical and veterinary preparations, Sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, Dietary supplements for humans and animals, Plasters, materials for dressing, Material for stopping teeth and dental wax, Disinfectants, Preparations for treating vermin, Fungicides, herbicides
Exclusive sales, namely, Retail store services in relation to the following goods: Soaps, Perfumery, Essential oils, cosmetics, hair lotions, dentifrices
Exclusive sales, namely, Retail store services in relation to the following goods: Pharmaceutical and veterinary preparations, Sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, Nutritional supplements for humans and animals, Plasters, materials for dressing, Dental stopping and impression materials, Disinfectants, Preparations for treating vermin, Fungicides, herbicides