The trademark nimbus VITA 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 April 15, 2024 by LABIALFARMA LABORATÓRIO DE PRODUTOS FARMACÊUTICOS E NUTRACÊUTICOS, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MARQUESMARCAS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 15, 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 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery
Essential oils
Bleaching preparations and other substances for laundry use
Cosmetics
Cosmetic creams
Cosmetic preparations for skin care
Herbal extracts for cosmetic purposes
Lotions for cosmetic purposes
Oils for cosmetic purposes
All of the aforementioned goods containing cannabis and CBD.
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations [all aforementioned goods not for use in the dental sector]
Medicinal healthcare preparations
Medicines for human purposes
Pharmaceutical products [all aforementioned goods not for use in the dental sector]
Medical preparations [all aforementioned goods not for use in the dental sector]
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 [all aforementioned goods not for use in the dental sector]
Medicated skin care preparations
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
All of the aforementioned goods containing cannabis and CBD.
The mark was filed in class 35 with Retail or wholesale services for pharmaceutical articles [all aforementioned goods not for use in the dental sector], veterinary articles, sanitary preparations and medical articles [all aforementioned goods not for use in the dental sector].
The mark was filed in class 44 with following description of goods:
Advisory and information services relating to pharmaceutical products via the Internet