The General Court (GC) has confirmed a decision of OHIM’s fourth Board of Appeal (BoA) invalidating a CTM registration for AYUR which included coverage of the following goods and services:
Class 3: Cosmetics, non-medicated herbal skin care preparations, non-medicated herbal hair care preparations, non-medicated body care lotions; laundry bleach.
Class 5: Herbal preparations for skin treatment, weight control, weight loss and treatment of diabetes; vitamin and mineral preparations and substances; health care products; vitamin preparations, mineral preparations for skin treatment, weight loss and treatment of diabetes.
Class 44: Beautician services; massage services; hairdressing; health farm services; beauty SPA services; beauty treatment services; manicuring services; provision of sauna facilities; provision of solarium facilities; consultancy services in the field of herbal remedies, nutrition, health and beauty care.
Following its registration on 24 October 2008, the intervener (MH), applied to invalidate the CTM on the basis of two earlier Benelux trade mark registrations for AYUS covering herbal products for medicinal use in Class 5, herbs for non-medicinal use in class 30, herbs and fresh plants in class 31, and herbal products for medicinal use, mineral based food supplements, medicinal herbs in class 5, food supplements in class 29, herbal products for non-medicinal use, herbs, and food supplements in class 30 respectively.
On the basis of the earlier Benelux trade mark registrations, Three-N-Products Private Ltd’s (TNP) CTM registration was found to be invalid by OHIM’s Cancellation Division, and this was confirmed by the BoA.
TNP appealed against this decision to the GC. The GC dismissed the appeal, finding that the BoA and the Cancellation Division had been correct to invalidate TNP’s registration.