The trademark ELLaNN was filed by Ivan Kellermann, a national of the Federal Republic of Germany (the "Applicant") and Gerhard Eller, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on June 29, 2023, and received one opposition filed on September 28, 2023 by Sinclair Netherlands I.P B.V on Likelihood of confusion. the opponent was represented by COLOMBO, LUCA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 28, 2023
The application was filed in German, and German 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 July 24, 2023.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Toiletries
Body cleaning and beauty care preparations
Soaps for body care
Cosmetic preparations for body care
Non-medicated body care preparations
Lotions for face and body care
Perfumery
Natural perfumery
Synthetic perfumery
Extracts of flowers [perfumes]
Perfumery and fragrances
Extracts of flowers
Sanitary preparations being toiletries
Cosmetics
Cosmetics and cosmetic preparations
Hair preparations and treatments
Skin care preparations
Shower and bath gel
Shower and bath foam
Essential oils and aromatic extracts
Essential oils for the care of the skin
Cosmetic preparations for use as aids to slimming
Mineral oils [cosmetic]
Slimming aids [cosmetic], other than for medical use
Cosmetic preparations for slimming purposes
Ointments for cosmetic use
Salves [non-medicated]
Beauty lotions
Cosmetic creams and lotions
Aromatherapy lotions
Beauty care cosmetics
Beauty tonics for application to the face
Cleansing milk for toilet purposes
Shower gels
Cosmetics in the form of creams
Oils for toilet purposes
Cosmetics for use on the skin
Cosmetics for the use on the hair
Non-medicated cosmetics
Massage oils
None of the aforesaid goods for filling wrinkles, scars, lips or facial and body contours.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Sanitary preparations and articles
Antioxidants
Anti-oxidant food supplements
Appetite stimulant preparations
Appetite suppressants
Appetite suppressants for medical purposes
Dietary fibre
Dietary fiber to aid digestion
Dietetic infusions for medical use
Dietetic preparations adapted for medical use
Herbal dietary supplements for persons special dietary requirements
Dietetic food preparations adapted for medical use
Dietetic beverages adapted for medical purposes
Dietetic substances adapted for medical use
Dietetic foods for use in clinical nutrition
Dietetic foods adapted for medical purposes
Dietetic sugar for medical use
Albuminous preparations for medical purposes
Liquid herbal supplements
Liquid vitamin supplements
Nutraceuticals for use as a dietary supplement
Meal replacement powders
Medicinal drinks
Preparations for use as additives to food for human consumption [medicated]
Medicinal tea
Mineral dietary supplements
Mineral dietary supplements for humans
Multi-vitamin preparations
Dietary supplemental drinks
Nutritional supplements
Health food supplements for persons with special dietary requirements
Food for medically restricted diets
Food supplements for non-medical purposes
Vitamin and mineral supplements
Vitamins and vitamin preparations
Vitamin drinks
Mixed vitamin preparations
Sanitary preparations for medical purposes
Pharmaceuticals and natural remedies
Bath preparations for medical purposes
Therapeutic preparations for the bath
Enema preparations
Solid oxygen for medical use
Medicinal healthcare preparations
Medical preparations
Preparations for use in naturopathy
Mineral preparations for medical purposes
None of the aforesaid goods for filling wrinkles, scars, lips or facial and body contours.
The mark was filed in class 10 with Dialysis machines for medical use.
The mark was filed in class 40 with Detoxification of hazardous materials.
The mark was filed in class 41 with following description of goods:
Sports and fitness services
Publication of magazines
Publishing of web magazines
Publishing of medical publications
Publication of texts
Publishing services
Publishing services for books and magazines
Publication of newspapers, periodicals, catalogs and brochures
Online publication of electronic books and journals
Publication of books
Publication of medical texts
Publication of printed matter relating to education
Publication of scientific information journals
Provision of training courses
Provision of educational services relating to exercise
Tuition in physical fitness
Education services relating to nutrition.
The mark was filed in class 44 with following description of goods:
Human healthcare services
Human hygiene and beauty care
Mental health services
Medical services
Pharmaceutical services
Dietary and nutritional advice
Acupuncture
Outpatient and inpatient care services
Aromatherapy services
Nutritional advice
Information relating to massage
Consultancy services relating to slimming
Information services relating to health care
Health advice and information services
Providing nutritional information about food
Autogenic therapy services
Treatment of allergies
Weight control treatment
Monitoring of patients
Professional consultancy relating to health care
Counseling relating to occupational therapy
Health care consultancy services [medical]
Nutrition counseling
Diet planning and supervision
Nutrition consultancy
Health spa services
Health centre services
Weight reduction services
Providing weight loss program services
Services rendered by a dietician
Dietician service
Health clinic services
Provision of information relating to nutrition
Advisory services relating to weight loss
Advisory services relating to weight control
Advisory services relating to diet
Professional consultancy relating to health
Advice relating to allergies
Convalescent home services
Medical and healthcare clinics
Weight reduction diet planning and supervision
Fitness testing
Foot massage services
Herbalism
Sports massage
Microdermabrasion services
Insomnia therapy services
Health screening
Electro therapy services for physiotherapy
Nutrition and dietetic consultancy
Weight control evaluation
Preparation of reports relating to health care matters
Health risk assessment surveys
Health assessment surveys
Providing health information
Genetic counseling
Health counselling
Health care relating to osteopathy
Health care relating to acupuncture
Health care relating to homeopathy
Health care relating to hydrotherapy
Health care relating to naturopathy
Health care relating to therapeutic massage
Health care relating to remedial exercise
Health care relating to fasting
Health care in the nature of health maintenance organizations
Health care relating to chiropraxis
Health hydro services
Physical rehabilitation
Light therapy services
Lymphodrainage services
Meditation services
Medical and healthcare services
Dietetic counselling services [medical]
Music therapy
Osteopathy
Physiotherapy
Therapeutic treatment of the body
Therapy services
Providing information relating to dietary and nutritional guidance
Providing information relating to dietary and nutritional supplements
Providing information relating to physical examinations
Supervision of weight reduction programmes
Medical treatment services
Arranging of medical treatment
Medical testing for diagnostic or treatment purposes
Consultancy services relating to surgery
Consultancy services relating to orthopaedic implants
Fitting of orthopaedic devices
Medical services in the field of treatment of chronic pain
Health care relating to relaxation therapy
None of the aforesaid services for filling wrinkles, scars, lips or facial and body contours.