018211524

ŽITO BE FREE

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March 16, 2020

Trademark Summary

The trademark ŽITO BE FREE was filed by Žito prehrambena industrija d.o.o., a corporation established under the laws of the Republic of Slovenia (the "Applicant"). The application was published for oppositions on April 20, 2020, and received one opposition filed on July 19, 2020 by BFree Foods Ltd. on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion, (d) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MASON HAYES & CURRAN LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 19, 2020

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

The Opposition with reference B 003126400 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 26, 2025 by the EUIPO.

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Goods And Services

• The mark was filed in class 5 with following description of goods:
  
  1. Pharmaceutical, veterinary and sanitary preparations for medical purposes
  2. Dietetic food and substances adapted for medical or veterinary use, food for babies
  3. Dietary supplements for humans and animals
  4. Dietetic and nutritional preparations
  5. Dietary foodstuffs
  6. Food for medically restricted diets
  7. Dietetic foods adapted for medical use
  8. Bread for dietetic purposes
  9. Vitamin-enriched bread for dietetic purposes
  10. Diabetic bread for dietetic purposes
  11. Gluten-free foodstuffs for dietetic purposes
  12. Gluten-free foodstuffs for medical purposes
  13. Gluten-free bread for dietetic purposes
  14. Dietary-fibre-enriched bread for dietetic purposes
  15. Bread buns for dietetic purposes
  16. Gluten-free bread buns for dietetic purposes
  17. Dietetic confectionery adapted for medical purposes
  18. Pastries, cakes, tarts and biscuits for dietetic purposes
  19. Rusks for dietetic purposes
  20. Crisp breads for dietetic purposes
  21. Cereal bars and energy bars for dietetic purposes
  22. Breakfast cereals, porridge and grits for dietetic purposes
  23. Cereal-based snack foods for dietetic purposes.
• The mark was filed in class 30 with following description of goods:
  
  1. Coffee, tea, cocoa and artificial coffee
  2. Rice, tapioca, sago
  3. Flour and preparations made from cereals, bread, pastry and confectionery, edible ices
  4. Sugar, honey, treacle
  5. Yeast, baking-powder
  6. Salt, mustard
  7. Vinegar
  8. Sauces (condiments)
  9. Spices
  10. Ice
  11. Bread
  12. Bread doughs
  13. Mixes for the preparation of bread
  14. Tarts
  15. Bread buns
  16. Bread biscuits
  17. Bread rolls
  18. Pastries, cakes, tarts and biscuits (cookies)
  19. Pies
  20. Rusks
  21. Crispbreads
  22. Breadcrumbs
  23. Toast (bread)
  24. Cereal bars and energy bars
  25. Muesli bars
  26. Breakfast cereals, porridge and grits
  27. Muesli
  28. Chips [cereal products]
  29. Cereal-based snack food
  30. Sandwiches
  31. Thin breadsticks
  32. Gluten-free bread
  33. Gluten-free wholemeal bread
  34. Gluten-free buckwheat bread
  35. Gluten-free multigrain bread
  36. Gluten-free seeded bread
  37. Gluten-free dietary-fibre-enriched bread
  38. Gluten-free bread dough
  39. Gluten-free mixes for the preparation of bread
  40. Gluten-free tarts
  41. Gluten-free bread buns
  42. Gluten-free biscuits
  43. Gluten-free bread rolls
  44. Gluten-free pastries, cakes, tarts and biscuits
  45. Gluten-free tarts
  46. Gluten-free rusks
  47. Gluten-free crisp breads
  48. Gluten-free breadcrumbs
  49. Gluten-free toast (bread)
  50. Gluten-free cereal bars and energy bars
  51. Gluten-free muesli bars
  52. Gluten-free breakfast cereals, porridge and grits
  53. Gluten-free muesli
  54. Gluten-free chips [cereal products]
  55. Gluten-free cereal-based snack foods
  56. Gluten-free sandwiches
  57. Gluten-free thin breadsticks.