The trademark ASTAXINÉ was filed by AVEFLOR, Q.S., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on October 26, 2023, and received one opposition filed on December 3, 2023 by AstaReal AB on Likelihood of confusion. the opponent was represented by ZACCO SWEDEN AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 3, 2023
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003208025 was refused according to Article 8(1)(b) EUTMR with decision issued on October 22, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Toiletries
Essential oils and aromatic extracts
Cosmetics for personal use
Cosmetic preparations for body care
Cosmetics for children
Cosmetic kits
Cosmetics and cosmetic preparations
Cosmetics containing keratin
Cosmetics containing hyaluronic acid
Cosmetics containing panthenol
Cosmetics in the form of oils
Massage gels, other than for medical purposes
Massage oils
Massage oils and lotions
Massage oils, not medicated
Ointments for cosmetic use
Mineral oils [cosmetic]
Mineral water sprays for cosmetic purposes
Non-medicated toiletries
Baby care products (Non-medicated -)
Non-medicated cosmetics
Non-medicated cosmetics and toiletry preparations
Massage creams, not medicated
Non-medicated massage preparations
Scalp treatments (Non-medicated -)
Non-medicated toiletry preparations
Oils for cosmetic purposes
Oils for toilet purposes
Organic cosmetics
Perfumed lotions [toilet preparations]
Perfumed body lotions [toilet preparations]
Body cleaning and beauty care preparations
Emollient preparations [cosmetics].
The mark was filed in class 5 with following description of goods:
Chemical preparations for sanitary purposes
Disinfectants and antiseptics
Eye drops
Douching preparations for medical purposes
Medicated dry shampoos
Alginate dietary supplements
Diastase for medical purposes
Anti-oxidant supplements
Anti-oxidant food supplements
Antioxidants
Anti-oxidants comprising enzymes
Anti-oxidants for dietary use
Anti-oxidants for medicinal use
Anti-oxidants obtained from herbal sources
Anti-oxidants derived from honey
Albuminous preparations for medical purposes
Herbal dietary supplements for persons special dietary requirements
Herbal supplements
Dietetic food preparations adapted for medical use
Dietetic foods for use in clinical nutrition
Dietetic foods adapted for medical purposes
Dietetic preparations adapted for medical use
Dietary supplements for human beings
Food supplements for non-medical purposes
Mineral dietary supplements
Fitness and endurance supplements
Dietary supplements for humans not for medical purposes
Dietary supplements for human beings and animals
Dietary supplements with a cosmetic effect
Lutein dietary supplements
Coenzyme Q10 dietary supplements
Preparations for use as additives to food for human consumption [medicated]
Probiotic supplements
Liquid herbal supplements
Liquid nutritional supplements
Food supplements in liquid form
Liquid vitamin supplements
Vitamin and mineral supplements
Vitamin and mineral preparations
Vitamin supplements
Vitamin preparations in the nature of food supplements