018920225

HEROLOGY

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August 30, 2023

Trademark Summary

The trademark HEROLOGY was filed by Sarelle Kellone Limited, a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on November 14, 2023, and received one opposition filed on February 13, 2024 by HERO AG on Likelihood of confusion. the opponent was represented by RAFFAY & FLECK and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 13, 2024

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 003211548 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 12, 2024 by the EUIPO.

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Goods And Services

• The mark was filed in class 5 with following description of goods:
  
  1. Pharmaceutical preparations for the alleviation of symptoms of menopause
  2. Pharmaceutical preparations for the alleviation of symptoms of menopause including preparations derived from plant extracts and herbal extracts
  3. Pharmaceutical preparations, all for use in connection with the menopause
  4. Vitamins and supplements for energy balance for females
  5. Vitamins and supplements for heart health for females
  6. Vitamins and supplements for hair and nails for females
  7. Pharmaceutical preparations for prevention of hair loss
  8. Pharmaceutical preparations for promoting the hair growth
  9. Pharmaceutical preparations for treatment of hair, nails and skin
  10. Pharmaceutical preparations and substances for use in gynaecology
  11. Pharmaceutical preparations and substances for use in pregnancy
  12. Pharmaceutical preparations and substances for use when breastfeeding
  13. Dietary supplements and dietetic preparations for females
  14. Dietetic substances for females
  15. Dietary supplements for females in the form of a liquid, emulsion, powder, tablet or capsule
  16. Preparations for use as additives to food for human consumption [medicated]
  17. Dietary supplements for females consisting of vitamins
  18. Food supplements for females
  19. Dietary and nutritional supplements for females
  20. Food supplements for females in liquid form
  21. Dietary supplements for naturally supporting hormone balance in women
  22. Dietary supplements for menopausal and pre-menopausal women
  23. Dietary supplements for menstrual health
  24. Dietary supplements for pregnancy
  25. Dietary supplements for breastfeeding
  26. Dietary supplements for regulation of sleep during menopause
  27. Dietary supplements and preparations for reducing hot flashes, sweating, restlessness and irritability for women in menopause
  28. Vitamins and supplements for hormone regulation in pre-menopause, menopause and post-menopause
  29. Pharmaceutical preparations for vaginal and skin health
  30. Tablets for vaginal health
  31. Menstrual care products
  32. Feminine care products
  33. Personal lubricants for female body
  34. Vaginal lubricants
  35. Hygienic preparations and articles
  36. Sanitary preparations and articles
  37. Vitamins and vitamin preparations for females
  38. Vitamin tablets for females
  39. Vitamin supplements for females
  40. Mixed vitamin preparations
  41. Multivitamin preparations for females
  42. Vitamin and mineral supplements for females
  43. Vitamin and mineral food supplements for females
  44. Health food supplements made principally of vitamins for females
  45. Pre-natal vitamins
  46. Antenatal vitamins
  47. Mineral supplements for females
  48. Prebiotic supplements for females
  49. Liquid nutritional supplements for females
  50. Herbal supplements for females
  51. Herbal preparations and substances for females
  52. Medicated beverages for females
  53. Laxatives
  54. Diuretic preparations and substances
  55. Calmative preparations
  56. Antioxidants
  57. Fibre supplements for females
  58. Nutritional supplements for females
  59. Melatonin preparations
  60. Fish oil
  61. Cod liver oil
  62. Royal jelly
  63. Kelp for pharmaceutical or medical purposes
  64. Ginseng
  65. Homeopathic and ayurvedic preparations
  66. Medicated balms
  67. Balms for pharmaceutical purposes
  68. Pharmaceutical preparations for skincare
  69. Pharmacological skincare preparations for medical use
  70. Preparations for skincare
  71. Medicated skincare preparations
  72. Medicated skin creams
  73. Vitamins and nutrients for skin care
  74. Food supplements for skin care
  75. Mineral supplements for skin care
  76. Medicated drinks and foodstuffs for skin care
  77. All of the foregoing goods for females and none of the foregoing goods relating to foods for babies or infants, including baby milk, and none of the foregoing relating to nutritional supplements or substances for babies or for infants and none of the foregoing relating to dietary supplements or substances for babies or for infants, whether adapted form medical use or not.
• The mark was filed in class 35 with following description of goods:
  
  1. The bringing together, for the benefit of others, of a variety of services namely female health educational courses and educational courses on the menopause, the premenopause, the peri-menopause and the postmenopause enabling customers to conveniently compare and purchase those services
  2. Retail services, including online retail services offered via a global communication network of female health care products
  3. Retail, including online retailing, of menstrual health products
  4. Retail, including online retailing, of gynaecology, pregnancy and breastfeeding products
  5. Retail services, including online retail services offered via a global communication network featuring pharmaceutical preparations relating to the menopause, dietary supplements for females, vitamins for females, minerals for females, food supplements for females and skincare preparations
  6. Retail, including online retailing, of skincare, haircare and eyecare products
  7. Retail, including online retailing, of female hygiene products
  8. Retail, including online retailing, of paper, printed matter, instructional and teaching materials, stationery, writing instruments, books, magazines, periodicals, guides, diaries, calendars, greeting cards, notepads, newsletters and printed publications
  9. Retail, including online retailing, of glassware, earthenware, drinking glasses, drinking vessels, drinking bottles, flasks, bed linen, bath linen, bed clothes
  10. Retail, including online retailing, of clothing, footwear, headgear
  11. Retail, including online retail, of sporting articles, yoga mats, yoga balls, yoga blocks, yoga straps, squeezable balls used to relieve stress
  12. Advertising and marketing services
  13. Advertising and marketing services provided by means of indirect methods of marketing communications, namely, social media, search engine marketing, inquiry marketing, internet marketing, mobile marketing, blogging and other forms of passive, sharable or viral communications channels
  14. Online advertising via a computer communications network
  15. Presentation of services on communications media, for retail purposes
  16. Provision of advertising and marketing services provided by means of indirect methods of marketing communications, namely social media
  17. Providing a website featuring on-line registration services for membership
  18. Providing a web site featuring on-line registration services for incentive reward program membership
  19. Advertising
  20. Business management
  21. Business administration
  22. Office functions
  23. Advertising services relating to female health
  24. Preparation of publicity publications
  25. Writing of publicity texts
  26. Promoting goods and services by providing a website and mobile applications, by text or other electronic communication means including the Internet
  27. Dissemination of advertising material [leaflets, brochure and printed matter]
  28. Distribution of printed advertising matter
  29. Planning and development of marketing by means of social media
  30. Providing advertising and marketing information via mobile telecommunications apparatus and devices
  31. Business advice relating to franchising
  32. Business advisory services relating to franchising
  33. Management advisory services relating to franchising
  34. Provision of business information relating to franchising
  35. Business assistance relating to franchising
  36. Business advisory services relating to franchising
  37. Management advisory services related to franchising
  38. Provision of business advice and information relating to franchising
  39. Information, consultancy and advisory services related to the aforesaid services
  40. The bringing together, for the benefit of others, of a variety of services namely training educational and learning courses in the field of wellness and wellbeing enabling customers to conveniently compare and purchase those services.
• The mark was filed in class 41 with following description of goods:
  
  1. Education
  2. Education services
  3. Educational services relating to women's health
  4. Educational services relating to menstrual health
  5. Education services relating to pregnancy
  6. Prenatal educational services
  7. Antenatal education services
  8. Educational services relating to breastfeeding
  9. Educational services relating to gynaecology
  10. Educational services related to wellbeing
  11. Educational services related to wellness
  12. Online educational services
  13. Provision of Internet based education
  14. Provision of Internet based courses
  15. Provision of Internet based training
  16. Provision of Internet based workbooks
  17. Provision of Internet based workshops
  18. Publication services
  19. Publication of books, workbooks, manuals, guides, periodicals, texts and magazines
  20. Electronic publications (non-downloadable)
  21. Electronic online publication of books, workbooks, manuals, guides, periodicals, texts and magazines (non-downloadable)
  22. Providing electronic publication and editing of printed matter
  23. Publishing of educational training texts on female health publishing of educational training texts on wellness and wellbeing
  24. Publication of education and training materials
  25. Conducting of seminars and further training events
  26. Organisation of webinars
  27. Organising and conducting of seminars, conferences, fora, colloquia and workshops
  28. Organisation of competitions (education)
  29. Arranging educational events
  30. Production and presentation of educational events
  31. Planning, leading and conducting of seminars in particular in the field of female health
  32. Providing of training courses on female health
  33. Providing of training courses on menstrual health
  34. Providing of training courses on pregnancy, prenatal and antenatal care
  35. Providing of training courses on breastfeeding
  36. Publication services namely the publication of electronic journals, web logs and video logs
  37. Providing a website featuring blogs
  38. Providing a website featuring vlogs
  39. Publication services, namely blogs and vlogs
  40. Vlogging services
  41. Blogging services
  42. Publication services namely the publication of electronic journals
  43. Writing of texts including publicity texts
  44. On-line publishing of articles, editorials, blogs and web sites of special interest to the female population
  45. Providing services, on-line information and training regarding female health
  46. Provision of news and news information via a computer network and/or the Internet
  47. Providing a website featuring non-downloadable publications in the field of female health
  48. Downloadable publications in the field of menstrual health
  49. Information, consultancy and advisory services related to the aforesaid services.