The trademark NUN was filed by LABORATOIRES PHODÉ, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on April 27, 2020, and received one opposition filed on July 22, 2020 by Nuun & Company, Inc. on Likelihood of confusion. the opponent was represented by KILBURN & STRODE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 22, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals for use in industry and science
Chemical preparations for use in the food industry
Chemical reagents, other than for medical or veterinary purposes
Active ingredients for use in the composition of dietary supplements
Raw materials for use in the composition of foodstuffs, dietary supplements, namely active substances of natural origin, active ingredients of plant origin, active ingredients from microorganisms
Active ingredients of natural origin, Active ingredients derived from plants, Active ingredients derived from microorganisms
Chemicals derived from plants
Chemicals of plant origin for use in the pharmaceutical and food industry
Raw materials [chemical] for the formulation of cosmetic products
Proteins, antioxidants, polyphenols, vitamins, minerals, all for use in manufacturing processes
Active molecules, excipients and mixtures thereof for the manufacture of food supplements
Chemical preparations for use in the manufacture of pharmaceuticals
Active ingredients of natural origin
Active ingredients derived from plants for the manufacture of dietary supplements, pharmaceuticals and cosmetics
All the aforesaid goods are based on Citrus sinensis extracts for combating anxiety, depression, fatigue and for emotional balance, and for maintaining or improving the wellbeing of humans and pet animals.
The mark was filed in class 3 with following description of goods:
Essential oils
Cosmetics
Soap for combating anxiety, depression, fatigue and for emotional balance, and for maintaining or improving the wellbeing of humans and pet animals
Cosmetic preparations in all galenical forms
Nutritional supplements for cosmetic purposes
Cosmetics preparations
Orange essential oils for use in dietary supplements, for therapeutic and aromatherapeutic purposes
Orange flavouring for for use in dietary supplements, for therapeutic and aromatherapeutic purposes
Flavourants
Plant extracts for aromatherapeutic purposes.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Veterinary preparations
Dietetic food and substances adapted for medical use
Dietetic foods and substances adapted for veterinary use
Food supplements
Health food supplements
Chemical preparations for medical purposes
Chemical preparations for pharmaceutical purposes
Medicinal herbs
Citrus sinensis extracts and/or preparations based on Citrus sinensis extracts for the manufacture of foodstuffs, dietary supplements, for medical, veterinary and pharmaceutical purposes, for human or animal consumption
Plant extracts for nutritional or dietary supplements
Plant extracts for pharmaceutical purposes
Food supplements for medical purposes
Food supplements for veterinary use
Non-medical food supplements
Dietary supplements for human consumption
Dietary supplements for dietetic purposes containing lipids, carbohydrates, proteins and/or fibres and/or micronutrients, including vitamins and amino acids for food and adapted for medical use
Dietary food supplements for sporting purposes
Vitamin preparations
Dietary or nutritional supplements that may contain proteins, carbohydrates, lipids, peptides and/or fibres, or micronutrients such as vitamins and/or minerals and/or amino acids and/or fatty acids and/or plants and/or plant extracts and/or purified molecules extracted from vegetables, in the form of capsules, tablets, ampules, yeast, powders, bars, creams or drinks, for food, medical or cosmetic purposes
Dietetic supplements not for medical purposes, based on plants for human food
Food supplements based on plant extracts, not for medical use
Nutritional supplements which may contain proteins, carbohydrates, lipids, peptides and/or fibres, or micronutrients in the form of capsules, tablets, ampoules, yeast, powders, bars, creams or beverages, for cosmetic, dietetic, food, medical or clinical nutrition purposes
Dietary supplements for cosmetic, dietetic, food, medical or clinical nutrition purposes, in galenic forms of all kinds
Dietary supplements for dietetic use containing plant-derived ingredients
Dietary preparations and pharmaceuticals for combating anxiety, depression, fatigue and for emotional balance, and for maintaining or improving wellbeing, in galenic forms of all kinds
Dietetic food and substances adapted for medical or veterinary use for combating anxiety, depression, fatigue and for emotional balance, and for maintaining or improving wellbeing
Plant extracts for dietary supplements for food, pharmaceutical and veterinary purposes
Dietetic foods adapted for medical purposes
Dietetic foods and meal substitutes not for medical purposes.