Facts
Casa Santiveri SL was a company principally dedicated to the production of health food preparations. On 4 May 2018 it applied to register Spanish Trademark 3,717,283, DYNAMIC SANTIVERI (a word mark), for goods in Class 5 of the Nice Classification – specifically, food supplements based on collagen, hyaluronic acid, vitamins, minerals and plants .
Laboratorios ERN, a manufacturer of pharmaceutical products, filed an opposition against such trademark, alleging that it was prohibited under Article 6(1)(b) of the Trademark Act (17/2001) because it was incompatible with Laboratorios ERN s priority Spanish Trademark 0020,631, DYNAMIN (a mixed mark), which was registered for: specific and chemical products (under Class 1 of the Nice Classification); and
Spain
Spanish
Trademark-office
Supreme-court
Administrative-chamber
Catalonia-high-court
Fifth-section
Contentious-administrative-chamber
Spanish-trademark
Nice-classification
Trademark-act