The trademark nimbus BOTANICS was filed by Nimbus Health GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 7, 2024, and received one opposition filed on June 9, 2024 by THE BOOTS COMPANY PLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by McArdle, Shane and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 9, 2024
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations
Medicinal healthcare preparations
Medicines for human purposes
Pharmaceutical products
Medical preparations
Sanitary preparations for medical purposes
Dietetic foods for medicinal purposes
Dietetic substances adapted for medical use
Food supplements
Cannabis for medical purposes
Marijuana for medical purposes
Medicine
Medicinal preparations and substances
Medicated skin care preparations
Medicated dentifrices
Dental preparations and articles, and medicated dentifrices
Antiseptic body care preparations
Herbal extracts for medical purposes
Plant extracts for pharmaceutical purposes
Medicinal oils
Medicinal roots
Medicinal tea
Dietary supplements for human beings
Lotions for pharmaceutical purposes
Medicinal infusions
Nutritional supplements
Pharmaceutical preparations for skin care
Pharmaceutical creams
Body gels for pharmaceutical use.
The mark was filed in class 35 with Retail or wholesale services for pharmaceutical, veterinary articles, sanitary preparations and medical articles.
The mark was filed in class 44 with following description of goods:
Advisory and information services relating to pharmaceutical products via the Internet