The trademark wellsamed wellness für die Zähne! was filed by Artec GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 19, 2008, and received one opposition filed on January 18, 2009 by Procter & Gamble Deutschland GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by May, Wolfgang and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 18, 2009
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on May 2, 2019.
of the trademark registration was recorded on May 2, 2019.
The Opposition with reference B 001451329 was rejected according to Article 8(1)(b) CTMR with decision issued on December 14, 2010 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Canned pressurised air for cleaning and dust removing
Disinfectant soaps
Denture polishes
Polishing preparations
Medicated soap
Scale removing preparations for household purposes
Mouth washes, not for medical use
Soaps
Shampoos
Denture polishes
Breath-fresheners (sprays)
Disinfectant soaps
Sandpaper
Polishing paper
Oils for cosmetic purposes
Grinding preparations
Dry cleaning preparations
Polishing paper
Compressed air in cans for cleaning and dust removal
Hair wash
Furbishing preparations
(cleaning preparations for) dentures
Cloths impregnated with a detergent for cleaning
Emery paper
Cleaning preparations
Cosmetics
Scented water
Cosmetic creams
Tissues impregnated with cosmetic lotions
Deodorant soap
Cosmetic preparations for skincare
Preparations for cleaning dentures
Dentifrices
Medicated soaps
Cleansing milk for toilet purposes
Detergents except for use in manufacturing processes and for medical purposes
Oils for cleaning purposes.
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations
Sanitary products for medical purposes
Dietetic substances adapted for medical use, food for babies
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Preparations for destroying vermin
Fungicides, herbicides
Biological preparations for medical purposes
Chemico-pharmaceutical preparations
Antiseptic cotton
Aseptic cotton
Aseptic cotton
Denture adhesives
Adhesive strips for medical purposes
Sterilising preparations
Dental abrasives
Balms for medical purposes
Gold amalgams for use in dentistry
Germicides for hygiene purposes
Denture adhesives
Adhesive tapes for medical purposes
Analgesics
Mouthwashes for medical purposes
Surgical implants (living tissue)
Cotton for medical purposes
Rubber for dental purposes
Dental amalgams of gold
Medical adhesive tapes
Chewing gum for medical purposes
Alcohol for pharmaceutical purposes
Germicides
Dental lacquers
Balsamic preparations for medical purposes
Detergents for medical purposes
Antiseptic cotton
Pharmaceutical preparations for skincare
Dental wax
Dental cement
Antiseptics
Dental cement
Dental amalgams
Medicines for dental purposes
Haemostatic pencils
Caustics for pharmaceutical purposes
Confectionery for pharmaceutical purposes
Surgical tissues
Surgical implants (living tissue)
Adhesive tapes for medical purposes
Amino acids for medical purposes
Anaesthetics
Tinctures of iodine
Alcohol for medical purposes
First-aid boxes (filled)
Iodoform
Alloys of precious metals for dental purposes
Porcelain for dental prostheses
Caustic pencils
Portable first-aid kits (medical kits)
Antibiotics
Depuratives
Dental mastics
Haematogen
Deodorants for clothing and textiles
Moulding wax for dental use
Diagnostic agents for medical purposes
Surgical tissues
Capsules for medicines
Chemical preparations for medical purposes
Candy for medical purposes
Preparations to facilitate teething
Portable first-aid kits (medical kits), dental materials for whitening teeth, composites and cements for dental purposes
Salivary diagnostics
Pharmaceutical preparations for the treatment of caries and paradontitis
Precious metal alloys and non-precious metal alloys for dental and dental technololgy purposes
Precious metals and non-precious metals for dental and dental technology purposes
Opaquer, materials for plastic-metal composites for dental purposes
Fissure sealants for dental purposes
Plasters
Materials for dressings
Abrasives for dental purposes, namely dental tape
All the aforesaid goods included in class 05 and except instruments.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth
Orthopedic articles
Suture materials
X-ray equipment for medical purposes
Sterile sheets (surgical)
Suture material (surgical)
Surgical sponges
Saws for surgical purposes
Mirrors for dentists
Gloves for medical purposes
Suture needles
Surgical implants (of artificial material)
Vaporisers for medical purposes
Receptacles for applying medicines
Artificial teeth
Chairs for medical or dental purposes
Prostheses
Cases fitted for medical instruments
Pins for artificial teeth
Ultraviolet filters for medical purposes
Aerosol dispensers for medical purposes
Artificial teeth
Surgical cloths
Mirrors for surgeons
Injection syringes for medical purposes
Dental apparatus and instruments
Knives for surgical purposes
Sterile sheets (surgical)
Special containers for medical waste
Mercury-vapour lamps for medical purposes
Masks for use by medical personnel
Aerosol diffusers for medical purposes
Dental brackets
Surgical splints
Cases fitted for use by surgeons and doctors
Tongue cleaning apparatus
Cannulae
Scissors for surgery
Syringes for medical purposes
Dentists' mirrors
Clothing for use in operating theatres
Pumps for medical purposes
Filters for ultra-violet rays for medical purposes
Surgical cutlery
Lamps for medical purposes
Probes for medical purposes
Finger guards for medical purposes
Scalpels
Analysis apparatus for medical purposes
Ultraviolet lamps for medical purposes
Mirrors for surgeons
Suture needles
Dental apparatus, electric
Surgical thread
Needles for medical purposes
Dentures
Dentists' armchairs
Surgical sponges
Special furniture for medical use
Ultraviolet ray lamps for medical purposes
Instrument cases for use by surgeons and doctors
Medical apparatus and instruments
Special cases for medical instruments
Thread (surgical)
Teething rings
Cutlery (surgical)
Injectors for medical purposes
Apparatus for use in medical analysis
Paradontological instruments for medical purposes
Rotating medical instruments, in particular instruments for hand pieces and angle pieces
Disposable articles for dental purposes, namely disposable gloves and disposable cannulae.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers (not of precious metal or coated therewith)
Combs and sponges
Brushes (except paint brushes)
Toothbrushes
Electric toothbrushes, brush-making material
Articles for cleaning purposes
Steel wool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware (included in Class 21)
Drinking vessels
Steelwool for cleaning
Water apparatus for cleaning teeth and gums
Soap dispensers
Toothpicks
Brushes
Toothpick holders
Toothbrushes, electric
Cleaning cloths
Beaters, non-electric
Cleaning (rags [cloth] for -)
Dishes
Soap dispensers
Rags for cleaning
Glass beverage ware
Water apparatus for cleaning teeth and gums
Electric brushes (except parts of machines)
Steel wool
Glass vials
Toothbrushes
Aerosol diffusers, not for medical purposes
Metal boxes for dispensing paper towels
Toothpick holders
Cups of paper or plastic
Metal boxes for dispensing serviettes
Bowls
Floss for dental purposes.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services in relation to dental goods
Advertising and business services
Sales promotion of goods and services, for others, in the field of dental medicine, through the dissemination of advertising
Business management in the field of dental medicine
Business development services
Consultancy with regard to sales promotion in relation to goods and services for dental practices
Online and Internet advertising
Provision of advertising space
Consultancy services relating to advertising and marketing
Computer-aided online retail services in relation to dental restorative materials, materials for stopping teeth, electric toothbrushes, dental care preparations, disinfectants, dental wax, ceramic material for dental purposes, dental cement, dental mastic, dental varnishes, tooth gel, glass ionomers for dental purposes, alloys for dental purposes, adhesive material for dental purposes, dental adhesives, artificial teeth, dental apparatus and instruments
Internet-based purchasing services in relation to dental restorative materials, materials for stopping teeth, electric toothbrushes, dental care preparations, disinfectants, dental wax, ceramic material for dental purposes, dental cement, dental mastic, dental varnishes, tooth gel, glass ionomers for dental purposes, alloys for dental purposes, adhesive material for dental purposes, dental adhesives, artificial teeth, dental apparatus and instruments
Business management and consultation
Business information services
Processing online orders for goods and services
Promoting and facilitating the sale of goods and services through traders
Information and consultancy in relation to on-line shopping
Database, file and document management
Business administration services
Data storage and retrieval services
Accounting services
Providing information in the fields of management consulting, business consulting and accounting
Business and market research services
Providing information on job vacancies
Employment agency services
Practice management and administration, patient registration, and storage and retrieval of dental, medical, financial and personal patient data, all in relation to dental practices
Information and consultancy relating to all the aforesaid services, including such services provided online or via the Internet or extranets, mail order services for goods included in this list
Namely advertising, in particular catalogue advertising
Import-export agency services
Order placement and delivery services and invoice management, including within the framework of e-commerce
Rental of advertising space, including on the Internet
Rental of advertising material
Renting out of advertising time in communication media
Arranging advertising contracts, for others
Mail advertising
Distribution of samples
Direct mail advertising (tracts, prospectuses, printed matter, samples)
Dissemination of advertising matter
Advertising mail
Organization of fairs and exhibitions for commercial or advertising purposes.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Providing of training for dentists, dental technicians and dental assistants
Management training
Educational and entertainment services
Educational services, namely providing online courses and instruction in the field of dental medicine, development and marketing of educational material, for others, in the field of dental medicine, via global computer networks
Planning, arranging and conducting of seminars, exhibitions and courses
Publishing of texts, books, magazines, articles and other publications, all relating to the field of dental medicine and the management and administration of dental practices
Publishing services
Information, consultancy and advisory services relating to all the aforesaid services including such services provided online or via the Internet or extranets.
The mark was filed in class 44 with following description of goods:
Medical services
Dental, oral and maxillofacial surgery, treatment of orthodontic disorders, orthodontics, complete rehabilitation of the damaged masticatory organ, plastic surgery, prosthetics, aesthetic dental medicine
Application of natural medical treatment methods and holistic medicine
Physiotherapy, services of a non-medical practitioner