018919511

PROMEDIVET Herba-Top

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August 29, 2023

Trademark Summary

The trademark PROMEDIVET Herba-Top was filed by PROMEDIVET S.R.L., a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on October 10, 2023, and received one opposition filed on January 7, 2024 by Medivet Group Limited on Likelihood of confusion. the opponent was represented by Osborne Clarke 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 January 7, 2024

The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).

Change of name and address of the trademark registration was recorded on October 2, 2023. Appointment and Replacement of representative of the trademark registration was recorded on October 10, 2024.

The Refusal with reference B 018919511 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on November 10, 2024 by the EUIPO.

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Goods And Services

• The mark was filed in class 5 with following description of goods:
  
  1. Pharmaceuticals
  2. Dental preparations and articles
  3. Sanitary preparations and articles
  4. Pest control preparations and articles
  5. Dietary supplements and dietetic preparations
  6. Hygienic preparations and articles
  7. Dietary supplements for animals
  8. Dental preparations and articles, and medicated dentifrices
  9. Disinfectants and antiseptics
  10. Medicated and sanitising soaps and detergents
  11. Pharmaceuticals and natural remedies
  12. Diagnostic preparations and materials
  13. Medical dressings, coverings and applicators
  14. Air deodorising and air purifying preparations
  15. Veterinary preparations
  16. Medicines for veterinary purposes
  17. Antibiotics for veterinary use
  18. Veterinary diagnostic reagents
  19. Nutritional supplements for veterinary use
  20. Pharmaceutical preparations for veterinary use
  21. Biological preparations for veterinary purposes
  22. Chemical preparations for veterinary purposes
  23. Food supplements for veterinary use
  24. Anti-infective products for veterinary use
  25. Dietetic food adapted for veterinary use
  26. Fodder supplements for veterinary purposes
  27. Feed supplements for veterinary use
  28. Pain relief medication for veterinary purposes
  29. Veterinary preparations for treatment of intestinal bacteria
  30. Diagnostic preparations for medical or veterinary purposes
  31. Dietetic substances adapted for veterinary use
  32. Bacterial preparations for veterinary purposes
  33. Veterinary preparations and substances
  34. Veterinary vaccines
  35. Antioxidants
  36. Pharmaceutical antiallergic preparations and substances
  37. Gravel as a digestive aid for birds
  38. Digestants
  39. Pharmaceutical preparations for immunity adjustment
  40. Medicated additives for animal foods
  41. Vitamins for animals
  42. Medicines for veterinary purposes
  43. Pharmaceutical preparations for animals
  44. Protein supplements for animals
  45. Neutraceutical preparations for animals
  46. Cement for animal hooves
  47. Feeding stimulants for animals
  48. Powders for killing fleas on animals
  49. Mineral dietary supplements for animals
  50. Antibiotic food supplements for animals
  51. Medicated supplements for foodstuffs for animals
  52. Skin treatment [medicated] for animals
  53. Animal washes [insecticides]
  54. Antiparasitic preparations for pets
  55. Dietary supplements for human beings and animals
  56. Insect repellents for use on animals
  57. Mineral supplements for feeding livestock
  58. Pharmaceutical preparations for animal skincare
  59. Trace element preparations for use by animals
  60. Pharmaceutical preparations for animal skincare
  61. Dietetic animal foodstuffs for medical purposes
  62. Preparations of trace elements for human and animal use
  63. Preparations of trace elements for human and animal use
  64. Pharmaceutical preparations for the treatment of worms in pets
  65. Dietary supplements for pets in the nature of a powdered drink mix
  66. Herbal sore skin ointments for pets
  67. Herbal anti-itch ointments for pets
  68. Nutritional additives to foodstuffs for animals, for medical purposes
  69. Antiparasitic preparations
  70. Bactericides
  71. Biocides
  72. Dog lotions for veterinary purposes
  73. Sedatives
  74. Antibiotic creams
  75. Udder creams for agricultural use
  76. Enzymes for veterinary purposes
  77. Plant and herb extracts for medicinal use
  78. Lotions for veterinary purposes
  79. Anti-bacterial preparations
  80. Anti-inflammatory preparations
  81. Antifungal preparations
  82. Anti-microbial preparations
  83. Gastrointestinal preparations
  84. Medical preparations
  85. Powders for killing fleas
  86. Reagents and media for medical and veterinary diagnostic purposes
  87. Flea sprays
  88. Medicinal sprays
  89. Food supplements in liquid form
  90. Dietary pet supplements in the form of pet treats
  91. Medicinal ointments
  92. Antiparasitic collars for animals
  93. Complementary feed
  94. Vermifuges
  95. Amino acids for veterinary purposes
  96. Chemical preparations for pharmaceutical purposes
  97. Biological tissue cultures for veterinary purposes
  98. Cultures for veterinary use
  99. Disinfectants for veterinary use
  100. Diuretic preparations
  101. Yeast for medical, veterinary or pharmaceutical purposes
  102. Bark extract for veterinary use
  103. Ferments for medical or veterinary use
  104. Greases for veterinary purposes
  105. Insecticides
  106. Medicine
  107. Herbal medicine
  108. Culture media for veterinary use
  109. Poisons
  110. Parasiticides
  111. Pesticides
  112. Bacteriological preparations for veterinary purposes
  113. Biochemical preparations for veterinary use
  114. Vermin destroying preparations
  115. Chemicals for pharmaceutical use
  116. Amino acid preparations for veterinary use
  117. Diagnostic preparations for veterinary purposes
  118. Sanitary preparations for veterinary use
  119. Radioactive preparations veterinary diagnosis
  120. Pharmaceutical preparations and substances
  121. Bird repellants
  122. Pet odor neutralizer
  123. Reactants for veterinary diagnosis
  124. Biological reagents for veterinary use
  125. Chemical reagents for medical or veterinary purposes
  126. Chemical reagents for veterinary use
  127. Reagents for use in analysis [for veterinary purposes]
  128. Vaccines
  129. Petroleum jelly for veterinary use
  130. Vermicides
  131. Dietetic foods adapted for medical purposes
  132. Dietary fibre
  133. Medicinal drinks
  134. Dietetic food preparations adapted for medical use
  135. Mixed vitamin preparations
  136. Multi-vitamin preparations
  137. Nutraceutical preparations for therapeutic or medical purposes
  138. Appetite stimulant preparations
  139. Appetite suppressants
  140. Disposable absorbent mats for lining pet crates
  141. Medicated dry shampoos
  142. Algaecides [chemicals for swimming pool maintenance]
  143. Cattle washes [insecticides]
  144. Medicated shampoos
  145. Medicated soap
  146. Insecticidal veterinary washes
  147. Pastilles for pharmaceutical purposes
  148. Ear drops
  149. Medicated eye-washes
  150. Pharmaceutical creams
  151. Topical gels for medical and therapeutic use
  152. Medicinal preparations and substances
  153. Medicated animal feed
  154. Nutritional supplements for livestock feed
  155. Bacteriological preparations for medical and veterinary use
  156. Bacterial preparations for medical and veterinary use.
• The mark was filed in class 35 with following description of goods:
  
  1. Business information services provided online from a global computer network or the internet
  2. Business information services provided on-line from a computer database or the internet
  3. Advertising, including on-line advertising on a computer network
  4. Business assistance, management and administrative services
  5. Advertising, marketing and promotional services
  6. Distribution of advertising, marketing and promotional material
  7. Product demonstrations and product display services
  8. Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
  9. Arranging of demonstrations for advertising purposes
  10. Dissemination of advertising, marketing and publicity materials
  11. Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]
  12. Promotion of goods and services through sponsorship
  13. Import and export services
  14. Retail services in relation to fodder for animals
  15. Wholesale services in relation to fodder for animals
  16. Retail services in relation to bedding for animals
  17. Wholesale services in relation to bedding for animals
  18. Retail services in relation to animal grooming preparations
  19. Wholesale services in relation to animal grooming preparations
  20. Retail services in relation to hygienic implements for animals
  21. Retail services in relation to beauty implements for animals
  22. Retail services in relation to litter for animals
  23. Wholesale services in relation to hygienic implements for animals
  24. Wholesale services in relation to beauty implements for animals
  25. Retail services in relation to pet products
  26. Wholesale services in relation to litter for animals
  27. Maintaining a registry of animal breeds
  28. Veterinary practice business management
  29. Retail services in relation to veterinary preparations
  30. Retail services in relation to veterinary articles
  31. Retail services in relation to veterinary apparatus
  32. Retail services in relation to veterinary instruments
  33. Wholesale services in relation to veterinary preparations
  34. Wholesale services in relation to veterinary apparatus
  35. Wholesale services in relation to veterinary articles
  36. Wholesale services in relation to veterinary instruments
  37. Wholesale services in relation to veterinary preparations and articles
  38. Wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
  39. Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
  40. Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
  41. Commercial information and advice services for consumers in the field of cosmetic products
  42. Marketing research in the fields of cosmetics, perfumery and beauty products
  43. Providing consumer product advice relating to cosmetics
  44. Online retail services relating to cosmetics
  45. Commercial information and advice services for consumers in the field of beauty products
  46. Providing consumer product information relating to cosmetics
  47. Online retail store services relating to cosmetic and beauty products
  48. Advertising services relating to cosmetics
  49. The bringing together, for the benefit of others, of the following goods: Pharmaceutical preparations, dental preparations and articles, Sanitary preparations and articles, Preparations and goods for combating pests, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  50. The bringing together, for the benefit of others, of the following goods: Dietary supplements and dietetic preparations, Hygiene preparations and articles, dietary supplements for animals, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  51. The bringing together, for the benefit of others, of the following goods: Dental preparations and articles and medicated dentifrices, Disinfectants and antiseptics, Medicated and sanitising soaps and detergents, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  52. The bringing together, for the benefit of others, of the following goods: Natural and pharmaceutical remedies, Diagnostic preparations and materials, Medical dressings, coverings and applicators, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  53. The bringing together, for the benefit of others, of the following goods: air deodorizing preparations and Air purifying preparations, Veterinary preparations, Veterinary drugs, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  54. The bringing together, for the benefit of others, of the following goods: Veterinary antibiotics, Veterinary diagnostic reagents, Supplements and additives for veterinary purposes, Pharmaceutical products for veterinary purposes, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  55. The bringing together, for the benefit of others, of the following goods: Biological preparations for veterinary purposes, chemical preparations for veterinary purposes, Dietary supplements for veterinary purposes, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  56. The bringing together, for the benefit of others, of the following goods: Anti-infectives For veterinary purposes, Dietetic food adapted for veterinary use, Fodder supplements for veterinary purposes, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  57. The bringing together, for the benefit of others, of the following goods: Feed supplements for veterinary use, Pain relief medication for veterinary purposes, Veterinary preparations for treatment of intestinal bacteria, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  58. The bringing together, for the benefit of others, of the following goods: Diagnostic preparations for medical or veterinary purposes, Dietetic substances for veterinary purposes, Bacterial preparations for veterinary purposes, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  59. The bringing together, for the benefit of others, of the following goods: Veterinary preparations and substances, Veterinary vaccines, antioxidants, Pharmaceutical antiallergic preparations and substances, Digestive sand for birds, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  60. The bringing together, for the benefit of others, of the following goods: Digestants, pharmaceutical preparations for immunity adjustment, Medicated additives for animal feed, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  61. The bringing together, for the benefit of others, of the following goods: Vitamins for animals, Animal medicines, Pharmaceutical preparations for animals, Protein supplements for animals, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  62. The bringing together, for the benefit of others, of the following goods: Neutraceutical preparations for animals, Cement for animal hooves, Feeding stimulants for animals, flea powders For veterinary purposes, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  63. The bringing together, for the benefit of others, of the following goods: Mineral dietary feed supplement for animals, Antibiotic dietary supplements for animals, Medicated supplements for animal foodstuffs, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  64. The bringing together, for the benefit of others, of the following goods: Skin medications for animals, Animal washes (insecticides), Antiparasitic preparations for household pets, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  65. The bringing together, for the benefit of others, of the following goods: dietary supplements for humans and animals, Insect repellents for use on animals, Mineral supplements for feed for livestock, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  66. The bringing together, for the benefit of others, of the following goods: pharmaceutical products for skin care for animals, Preparations of trace elements for animals, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  67. The bringing together, for the benefit of others, of the following goods: Pharmaceutical preparations for animal skincare, Dietetic foodstuffs for medical purposes, for animals, preparations of trace elements for human and animal consumption, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  68. The bringing together, for the benefit of others, of the following goods: Preparations of trace elements for human and animal use, Pharmaceutical preparations for the treatment of worms in pets, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  69. The bringing together, for the benefit of others, of the following goods: dietary supplements for pets in the nature of a powdered drink mix, Herbal sore skin ointments, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  70. The bringing together, for the benefit of others, of the following goods: Products for pets, herbal anti-itch ointments for pets, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  71. The bringing together, for the benefit of others, of the following goods: nutritional additives for animal feeds, Than for medical purposes, Anti-parasite products, Bactericides, Biocides, Dog lotions, sedatives, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  72. The bringing together, for the benefit of others, of the following goods: antibiotic creams, Udder creams for agricultural use, Enzymes for veterinary purposes, herbal extracts and herbs for medical uses, Lotions for veterinary purposes, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  73. The bringing together, for the benefit of others, of the following goods: Anti-bacterial preparations, Anti-inflammatory preparations, anti-fungal preparations, antimicrobial preparations, Gastrointestinal preparations, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  74. The bringing together, for the benefit of others, of the following goods: medicated preparations, flea powders, Diagnostic reagents, Media for diagnostic purposes, For medical and veterinary uses, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  75. The bringing together, for the benefit of others, of the following goods: Flea sprays, Medicated sprays, Food supplements in liquid form, dietary supplements for pets in the form of treats, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  76. The bringing together, for the benefit of others, of the following goods: Medicated ointments, Antiparasitic collars for animals, Supplementary compound feeds, Vermifuges, Amino acids for veterinary purposes, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  77. The bringing together, for the benefit of others, of the following goods: chemical preparations for pharmaceutical purposes, Biological tissue cultures for veterinary purposes, Cultures for veterinary use, Disinfectants for veterinary use, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  78. The bringing together, for the benefit of others, of the following goods: Diuretics, yeast for medical, veterinary or pharmaceutical purposes, Bark extract for veterinary use, Ferments for medical or veterinary use, Greases for veterinary purposes, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  79. The bringing together, for the benefit of others, of the following goods: insecticide, Pharmaceutical drugs, Herbal medicines, Culture media for veterinary use, poisons, Parasiticides, pesticides, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  80. The bringing together, for the benefit of others, of the following goods: Bacteriological preparations for veterinary purposes, Biochemical preparations for veterinary use, Chemical preparations for pesticidal purposes, chemical preparations for pharmaceutical purposes, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  81. The bringing together, for the benefit of others, of the following goods: Amino acid preparations for veterinary use, Diagnostic preparations for veterinary purposes, hygienic preparations for veterinary use, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  82. The bringing together, for the benefit of others, of the following goods: Radioactive preparations veterinary diagnosis, Pharmaceutical preparations and substances, Bird repellants, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  83. The bringing together, for the benefit of others, of the following goods: Pet odour neutraliser, Reactants for veterinary diagnosis, Biological reagents for veterinary use, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  84. The bringing together, for the benefit of others, of the following goods: Chemical reagents for medical or veterinary purposes, Chemical reagents for veterinary use, Reagents for use in analysis [for veterinary purposes], Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  85. The bringing together, for the benefit of others, of the following goods: Vaccines, Petroleum jelly for veterinary purposes, Vermicides, dietetic food for medical purposes, dietary fiber, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  86. The bringing together, for the benefit of others, of the following goods: Beverages adapted for medical purposes, Dietetic food preparations adapted for medical use, Mixed vitamin preparations, Multi-vitamin preparations, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  87. The bringing together, for the benefit of others, of the following goods: Nutraceutical preparations for therapeutic and medical use, Preparations for stimulating appetite, Appetite suppressants, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  88. The bringing together, for the benefit of others, of the following goods: Disposable absorbent mats for lining pet crates, Medicated dry shampoos, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  89. The bringing together, for the benefit of others, of the following goods: Algaecides [chemicals for swimming pool maintenance], Cattle washes (insecticides), Medicated shampoos, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  90. The bringing together, for the benefit of others, of the following goods: Medicated soap, Insecticidal veterinary washes, pastilles for pharmaceutical purposes, Ear drops, Eye drops, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  91. The bringing together, for the benefit of others, of the following goods: Pharmaceutical cream, Topical gels for medical and therapeutic use, Medicinal preparations and substances, Medicated animal feed, Nutritional supplements for livestock feed, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes
  92. The bringing together, for the benefit of others, of the following goods: Bacteriological preparations for medical and veterinary use, Bacterial preparations for medical and veterinary use, Enabling customers to conveniently view and purchase those goods, Through wholesale or retail shops, Via mail-order catalogues, By electronic means, Via websites and via teleshopping programmes.