The trademark BIOGENA PHARMA was filed by DELIA COSMETICS Sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 5, 2018, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on December 6, 2018 by Biogen MA Inc. on Likelihood of confusion. the opponent was represented by MAUCHER JENKINS and its proceedings were handled in English The second opposition filed on December 3, 2018 by Bortolin, Vittorino Ruggero on Likelihood of confusion. the opponent was represented by LECCE & CALCIATI S.R.L. INTERNAZIONALE BREVETTI and its proceedings were handled in English The third opposition filed on December 2, 2018 by Abiogen Pharma S.p.A. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ViganĂ², Jessica and its proceedings were handled in English
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 20, 2020.
The Opposition with reference B 003070200 was refused according to Article 8(1)(b) EUTMR with decision issued on April 28, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Toilet soaps and cleaning preparations, including bath and shower preparations
Perfumery goods
Personal deodorants
Antiperspirants [toiletries]
Colorants for toilet purposes
Cosmetic preparations for cleaning, protection, care, nutrition, beautification and correction of imperfections in the skin of the face and body, and cosmetic preparations for care and beautification of the eyes, nails and hair
Serums
Creams
Gel
Lotions
Tonics
Cleansing milks
Masques
Lotions
Ointments
Lip stick
Sticks
Cosmetics for colouring (colorants)
Glitter for cosmetic purposes
Glosses
Cosmetics for make-up
Concealers
Make-up powders and fluids
Make-up removing preparations
Eyebrow pencils, eyeliners and lip liners
Eyelid shadow
Eyebrow and eyelash mascaras
Lipstick
Coloured cosmetics for the skin of the face and neck
Nail polish
Nail varnish remover and nailcare preparations
Shaving mousses and gels
Aftershave lotions and balms
Sun-tanning preparations (cosmetics)
After-sun and self-tanning preparations
Sets of perfumery articles and cosmetics
Hair washing, styling, care and conditioning preparations
Colouring shampoos and preparations and hair dyes
Highlighting dyes
Hair-bleaching and colour-removing preparations
Eyebrow pencils and mascaras
Straightening, curling and waving preparations
Hair balms and conditioners
Hair spray and hair-fixing products, including colorants