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EUTM file information

018179867

BIOFRUIT FUNCTIONAL

January 13, 2020

Trademark Summary

The trademark BIOFRUIT FUNCTIONAL was filed by FUNCTIONAL BIOFRUIT, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on February 10, 2020, and received one opposition filed on May 10, 2020 by ELAH DUFOUR S.p.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GIAMBROCONO & C. S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 10, 2020

The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).

Change of name and professional address of the trademark registration was recorded on June 8, 2021.

The Opposition with reference B 003118954 was rejected according to Article 8(5) CTMR with decision issued on June 5, 2022 by the EUIPO.

Goods And Services

  • The mark was filed in class 5 with following description of goods:
    1. Dietary supplements and dietetic preparations
    2. Hygienic preparations and articles
    3. Pest control preparations and articles
    4. Dental preparations and articles, and medicated dentifrices
    5. Sanitary preparations and articles
    6. Dental preparations and articles
    7. Disinfectants and antiseptics
    8. Medicated and sanitising soaps and detergents
    9. Absorbent articles for personal hygiene
    10. Deodorizers and air purifiers
    11. Medical dressings, coverings and applicators
    12. Diagnostic preparations and materials
    13. Pharmaceuticals and natural remedies
    14. Medicated candy
    15. Pharmaceutical sweets
    16. Chewing gum for medical purposes
    17. Dragees [medicines]
    18. Flour for pharmaceutical purposes
    19. Medicinal infusions
    20. Royal jelly for medical purposes
    21. Royal jelly for pharmaceutical purposes
    22. Nutraceuticals for therapeutic purposes
    23. Lozenges for pharmaceutical purposes
    24. Pharmaceutical preparations for human use
    25. Medicinal preparations and substances
    26. Pharmaceutical preparations and substances
    27. Medicated wines
    28. Gelatine for medical purposes
    29. Vitamin and mineral preparations
    30. Preparations for making medicated beverages
    31. Medical preparations
    32. Veterinary preparations and substances
    33. Baby food
    34. Dietary supplements for animals
    35. Dietetic foods adapted for medical use
    36. Food for diabetics
    37. Food for infants
    38. Nutritional supplement meal replacement bars for boosting energy
    39. Food supplements
    40. Dietary supplements for human beings and animals
    41. Dietary supplements consisting of vitamins
    42. Dietary and nutritional supplements
    43. Nutritional supplements
    44. Prebiotic supplements
    45. Fibre (Dietary -)
    46. Vitamin drops
    47. Vitamin supplement patches
    48. Dietetic and nutritional preparations
    49. Food supplements for non-medical purposes
    50. Medicated food supplements
    51. Dietary supplements for humans
    52. Chewing gum for medical purposes
    53. Chewing gum for medical purposes
    54. Candy for medical purposes
    55. Medicated candy
    56. Health food supplements made principally of vitamins
    57. Food, dietary and nutritional supplements
    58. Herbal compounds for medical use
    59. Dietetic confectionery adapted for medical purposes
    60. Vitamin tablets
    61. Medicated food supplements
    62. Food supplements
    63. Dietary supplements for animals
    64. Dietary supplements for animals
    65. Health food supplements for persons with special dietary requirements
    66. Health food supplements made principally of vitamins
    67. Nutritional supplements
    68. Vitamin preparations in the nature of food supplements
    69. Dietary supplements in the form of sweets.
  • The mark was filed in class 30 with following description of goods:
    1. Sweets (candy), candy bars and chewing gum
    2. Dental health gum [other than medicated]
    3. Sugar-free chewing gum
    4. Gum sweets
    5. Cachou [confectionery], other than for pharmaceutical purposes
    6. Chewing sweets (Non-medicated -)
    7. Dragees [non-medicated confectionery]
    8. Non-medicated lozenges
    9. Candy bars
    10. Aromatic preparations for candies
    11. Flavorings and seasonings
    12. Sugars, natural sweeteners, sweet coatings and fillings, bee products
    13. Sugars, natural sweeteners, sweet coatings and fillings, bee products
    14. Coffee, teas and cocoa and substitutes therefor
    15. Processed grains, starches, and goods made thereof, baking preparations and yeasts
    16. Ice, ice creams, frozen yogurts and sorbets
    17. Salts, seasonings, flavourings and condiments
    18. Snack foods consisting principally of extruded cereals
    19. Cereal-based meal replacement bars
    20. Filled bread rolls
    21. Rice-based prepared meals
    22. Noodle-based prepared meals
    23. Pasta-based prepared meals
    24. Prepared meals in the form of pizzas
    25. Chips [cereal products]
    26. Pies [sweet or savoury]
    27. Pizza
    28. Sushi
    29. Sandwiches
    30. Salted tarts
    31. Sweet glazes and fillings
    32. Syrups and treacles
    33. Cereals
    34. Yeast and leavening agents
    35. Doughs, batters, and mixes therefor
    36. Dried and fresh pastas, noodles and dumplings
    37. Rice
    38. Breakfast cereals, porridge and grits
    39. Flour
    40. Organic binding agents for ice cream
    41. Fruit ice bars
    42. Cereal bars and energy bars
    43. Bread
    44. Pastries, cakes, tarts and biscuits (cookies)
    45. Cereal based food bars
    46. Caramel
    47. Gum sweets
    48. Sweetmeats [candy] containing fruit
    49. Dragees [non-medicated confectionery]
    50. Fruit gums [other than for medical use].