The trademark VITAL was filed by Jean-François Ezquerra, a national of the French Republic (the "Applicant"). The application was published for oppositions on January 27, 2002, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on April 28, 2002 by null on Likelihood of confusion. the opponent was represented by SANTARELLI and its proceedings were handled in French
The second opposition filed on April 28, 2002 by COMPAL - COMPANHIA PRODUTORA DE CONSERVAS ALIMENTARES, S.A. on Likelihood of confusion. the opponent was represented by J.E. DIAS COSTA, LDA. and its proceedings were handled in English
The third opposition filed on April 28, 2002 by IREKS GmbH on Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and its proceedings were handled in English
The fourth opposition filed on April 28, 2002 by PRODUCTOS VITAL CARLOS SCHNEIDER, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by POLOPATENT and its proceedings were handled in English
The fifth opposition filed on April 28, 2002 by Westfälische Fleischwarenfabrik Stockmeyer GmbH on Likelihood of confusion. and its proceedings were handled in English
The sixth opposition filed on April 25, 2002 by Interfruit Vital S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Pernez, Helga and its proceedings were handled in French
The seventh opposition filed on April 25, 2002 by Vitakraft pet care GmbH & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by EISENFÜHR SPEISER PATENTANWÄLTE RECHTSANWÄLTE PARTGMBB and its proceedings were handled in English
The eighth opposition filed on April 25, 2002 by NESTLE WATERS FRANCE on Likelihood of confusion. the opponent was represented by CABINET NUSS and its proceedings were handled in French
The ninth opposition filed on April 25, 2002 by ELAIS OLEAGINOUS PRODUCTS S.A. on Likelihood of confusion. the opponent was represented by BAKER & MCKENZIE LLP and its proceedings were handled in English
The tenth opposition filed on April 24, 2002 by Pokon & Chrysal International B.V. on Likelihood of confusion. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and its proceedings were handled in English
The eleventh opposition filed on April 23, 2002 by Novartis AG on Likelihood of confusion. the opponent was represented by SPLANEMANN PATENTANWÄLTE PARTNERSCHAFT MBB and its proceedings were handled in English
The twelvth opposition filed on April 17, 2002 by Specht Fleischwaren Vertriebs GmbH & Co. KG on Likelihood of confusion. the opponent was represented by HOEFER & PARTNER PATENTANWÄLTE MBB and its proceedings were handled in English
The thirteenth opposition filed on April 16, 2002 by Eckes-Granini Group GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and its proceedings were handled in French
The fourteenth opposition filed on March 25, 2002 by null on Likelihood of confusion. and its proceedings were handled in French
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on July 22, 2001. Change of name and address of the trademark registration was recorded on August 23, 2001. Change of name and professional address of the trademark registration was recorded on November 21, 2006. Change of name and professional address of the trademark registration was recorded on July 15, 2007. Change of name and professional address of the trademark registration was recorded on August 12, 2007. Change of name and professional address of the trademark registration was recorded on November 25, 2007. Absolute errors of the trademark registration was recorded on January 24, 2010. Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on October 14, 2012.
The Appeal with reference B R0276/2007-2 was Opposition allowed according to Article 8(1)(b) CTMR with decision issued on September 15, 2008 by the EUIPO. The Appeal with reference B R0528/2007-2 was Opposition allowed according to Article 8(1)(b) CTMR with decision issued on September 16, 2008 by the EUIPO. The Opposition with reference B 000497893 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on February 4, 2007 by the EUIPO. The Opposition with reference B 000506776 was rejected according to Article 8(1)(b) CTMR with decision issued on December 12, 2006 by the EUIPO.
Goods And Services
The mark was filed in class 29 with Jellies and all of the aforementioned goods excluding dietary supplements, primarily protein-based..
The mark was filed in class 30 with Ice, excluding dietary supplements, primarily consisting of carbohydrates.