The trademark application FUNCTIONAL was filed by Functional Supply A/S, a corporation established under the laws of the Kingdom of Denmark (the "Applicant"). Application refused.
The application was filed in Danish (English was selected as the second language).
The Refusal with reference B 018221023 was Rejected according to Article 7(1)(b) EUTMR with decision issued on October 22, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceuticals and medical preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for human beings
Pharmaceutical preparations
Medicinal healthcare preparations
Food supplements (not for medical purposes) for human consumption, including vitamins and minerals
Plasters, materials for dressings
Energy powder
Food supplements (not for medical purposes) for human consumption and for the purpose of supplementing a normal diet and for physiological purposes, namely made from plants and weed extracts
Products and dietary supplements for medical purposes including based on active components and extracts of marine animals, plants, marine plants, herbs, fruits and vegetables
Dietetic foodstuffs and health supplements (not for medical purposes), mainly consisting of extracts and active components from fruits, vegetables, marine plants, marine animals, fish, shellfish and dried herbs
Vitamin tablets
Vitamin powder
Protein powder (dietary supplement)
Medicinal herb extracts
Performance enhancing vitamin tablets
Restitution boosting vitamin tablets
Mouth sprays for medical use
Electrolyte powder, electrolyte drinks, electrolyte solutions for both medical / pharmaceutical purposes
Creams and lotions with vitamins and minerals for medical use
Creams and lotions with herb and plant extracts for medical use.
The mark was filed in class 29 with following description of goods:
Preserved, frozen, dried and prepared fruits
Fruit-based snack food
Processed nuts
Enriched fruit, nut or milk based food (not included in other classes) with performance enhancing and restitution boosting effects
Vitamin and mineral enriched fruit, nut or milk based food (not included in other classes).
The mark was filed in class 30 with following description of goods:
Flour and preparations made from cereals
Bread
Cereal-based snack food
Cereal bars
Snack bars containing a mixture of grains, nuts and dried fruit (confectionery)
Muesli
Cereal based energy bars
High-protein cereal bars.
The mark was filed in class 32 with following description of goods:
Non-alcoholic drinks
Mineral and aerated waters
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages
Isotonic drinks
Energy drinks
Sports drinks
Protein-enriched sports drinks
Sports drinks containing electrolytes
Non-alcoholic fruit extracts
Beverages (not included in other classes) with performance enhancing and restitution boosting effects
Vitamin and mineral enriched beverages (not included in other classes).