Beiersdorf AG v Matex Lab Switzerland SA

This matter concerned an opposition filed by Beiersdorf AG against an application for extension of protection for the trade mark NEAUVIA, filed by Matex Lab Switzerland SA (referred to as the Holder). The opposition was heard by Robert Wilson, a delegate of the Registrar of Trade Marks. Beiersdorf AG, a company with a long history in cosmetics and skincare, particularly known for its NIVEA brand, opposed the extension of protection for the NEAUVIA mark, which is used by the Holder for a range of medical and cosmetic treatments and products, including soft tissue fillers and cosmeceuticals.

The legal issues before the delegate were whether the grounds of opposition, including allegations of bad faith in the making of the application, had been established. The delegate was required to determine whether to refuse the extension of protection for all or some of the goods and services listed in the application, or to grant it with or without conditions, having regard to the extent to which the grounds of opposition were proven.

The delegate considered the evidence filed by both parties, including declarations from representatives of Beiersdorf AG and the Holder. Ultimately, the delegate found that Beiersdorf AG had failed to establish any of its grounds of opposition, including the claim of bad faith. Consequently, the delegate ordered that the extension of protection for the NEAUVIA trade mark could proceed one month from the date of the decision, subject to any appeal. The Holder was awarded costs against Beiersdorf AG.