The trademark BETRE was filed by FITOHERBAL, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on August 1, 2024, and received one opposition filed on October 27, 2024 by IBERFRASA SL on Likelihood of confusion. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 27, 2024
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Sun bronzers
Non-medicated cosmetics
Functional cosmetics
Natural cosmetics
Cosmetics and cosmetic preparations
Nail cosmetics
Liners [cosmetics] for the eyes
Self-tanning preparations [cosmetics]
Mineral oils [cosmetic]
Sun-tanning preparations [cosmetics]
Make-up
Concealers
Colour cosmetics
Organic cosmetics
Tonics [cosmetic]
Nail conditioners
Nail hardeners [cosmetics]
Hair rinses [shampoo-conditioners]
Cuticle conditioners
Conditioners in the form of sprays for the scalp
Shampoo-conditioners
Baby shampoo mousse
Shampoos.
The mark was filed in class 5 with following description of goods:
Anti-oxidant supplements
Prebiotic supplements
Probiotic supplements
Food supplements
Herbal supplements
Dietary and nutritional supplements
Dietary supplements and dietetic preparations
Mineral nutritional supplements
Vitamin preparations in the nature of food supplements
Vitamin supplements for animals
Lutein dietary supplements
Multi-vitamin preparations
Albumin dietary supplements
Nutritional supplements consisting primarily of magnesium
Strengthening supplements containing parapharmaceutical preparations for prophylactic purposes and for convalescents
Mineral dietary supplements
Mineral dietary supplements for humans
Food supplements consisting of amino acids
Nutritional supplements
Anti-oxidant food supplements
Wheat dietary supplements
Chlorella dietary supplements
Dietary supplements for infants
Food supplements for sportsmen
Dietary supplements for controlling cholesterol
Dietary supplements for human beings
Dietary supplements for animals
Natural dietary supplements for treating claustrophobia
Food for medically restricted diets
Zinc dietary supplements
Yeast dietary supplements
Nutraceuticals for use as a dietary supplement
Glucose dietary supplements
Dietary supplements with a cosmetic effect.
The mark was filed in class 35 with following description of goods:
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Unmanned retail store services relating to food
Retail services relating to food
Retail services relating to alcoholic beverages
Retail services connected with the sale of subscription boxes containing cosmetics
Retail services in relation to hair products
Wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Online retail store services relating to cosmetic and beauty products
Retail services in relation to medical apparatus
Retail services in relation to veterinary apparatus
Retail services in relation to non-alcoholic beverages
Retail services in relation to medical instruments
Retail services in relation to preparations for making alcoholic beverages
Retail services in relation to veterinary instruments
Retail services in relation to cleaning preparations
Retail services in relation to animal grooming preparations
Retail services in relation to toiletries
Retail services in relation to dietetic preparations
Retail services in relation to dietary supplements
Retail services in relation to veterinary preparations
Retail services in relation to sporting articles
Retail services in relation to physical therapy equipment
Retail services in relation to hearing protection devices
Retail services in relation to sun tanning appliances
Retail services in relation to beauty implements for humans
Retail services in relation to hygienic implements for humans
Retail services in relation to hygienic implements for animals
Retail services in relation to beauty implements for animals
Retail services in relation to cleaning articles
Wholesale services in relation to beauty implements for humans
Wholesale services in relation to hygienic implements for humans
Wholesale services in relation to beauty implements for animals
Wholesale services in relation to hygienic implements for animals.