The trademark Kneipp S P A was filed by Kneipp GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 15, 2004, and received one opposition filed on May 3, 2004 by S.A. Spa Monopole, Compagnie fermière de Spa, en abrégé S.A. Spa Monopole N.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GEVERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 3, 2004
The application was filed in German, and German 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:
Soaps, perfumery, essential oils, fragrant sprays, cosmetics, in particular skin milks, skin creams, hair lotions, including all the aforesaid goods with herbs
Dentifrices, dental and mouth washes.
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations, in particular medicines extracted from medicinal plants and herbs in the form of sweetmeats (candy), pills, dragées, powders, packages, salves, balms, oils, drops and juices
Pharmaceutical, veterinary and sanitary preparations
Phytotherapeutic medicinal preparations
Heathcare preparations, in particular preparations using natural plant extracts
Medicinal dietetic preparations, in particular dietetic foodstuffs for invalids
Dietetic substances adapted for medical use, food for babies
Dietetic substances for children and invalids, other than for medical purposes
Thermal water and thermal water salts, including in the form of tablets and lozenges for sucking or for other oral applications
Health treatment supplements, included in class 5
Herbal essences with alcohol for medical purposes
Extracts of medicinal substances, herbal tinctures
Preparations for satisfying human vitamin, mineral, fibre and/or roughage requirements
Medicated deodorants
Deodorants, deodorant sprays, not for personal use
Medicated bath preparations
Hygienic compresses and bandages.
The mark was filed in class 30 with following description of goods:
Coffee and coffee extracts
Artificial coffee, and artificial coffee extracts
Tea, herbal teas, including infusions made from mixtures of herbs, tea extracts, artificial tea, fruit tea, tea-based beverages
Cocoa and cocoa-based preparations, confectionery and chocolate goods, sugar confectionery
Sugar, rice, tapioca, sago
Flour and preparations made from cereals, foodstuffs with a rice, flour or cereal base, including in the form of prepared meals, breakfast cereals
Desserts, mainly with a rice, semolina and/or starch base, puddings