The trademark LEVELS was filed by Belevels, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on May 24, 2020, and received one opposition filed on July 20, 2020 by LABORATORIOS ERN, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PONTI & PARTNERS, S.L.P
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003126453 was refused according to Article 8(1)(b) EUTMR with decision issued on September 21, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Food supplements
Food for medically restricted diets
Dietary supplements for humans
Dietary and nutritional supplements
Dietary supplements consisting of vitamins
Dietetic products for invalids
Food supplements for sportsmen
Mineral dietary supplements for humans
Nutraceuticals for use as a dietary supplement
Dietetic foods adapted for infants
Mineral dietary supplements for animals
Dietetic substances adapted for medical use
Herbal dietary supplements for persons special dietary requirements
Dietetic foods adapted for medical purposes
Sanitary preparations and articles
Dietary supplements and dietetic preparations
Delivery agents in the form of coatings for tablets that facilitate the delivery of nutritional supplements
Dietetic foods adapted for invalids
Dietetic foods for use in clinical nutrition
Food for diabetics
Food for infants
Health food supplements made principally of vitamins
Health food supplements made principally of minerals
Mineral food supplements
Linseed dietary supplements
Propolis dietary supplements
Yeast dietary supplements
Lecithin dietary supplements
Royal jelly dietary supplements
Glucose dietary supplements
Wheat germ dietary supplements
Alginate dietary supplements
Linseed oil dietary supplements
Herbal supplements
Protein supplement shakes
Dietary supplemental drinks
Diabetic fruit juice beverages adapted for medical purposes
Dietetic beverages for babies adapted for medical purposes
Dietetic beverages adapted for medical purposes
Vitamin fortified beverages for medical purposes
Calcium fortified candy
Homogenized food adapted for medical purposes
Freeze-dried food adapted for medical purposes
Diet capsules
Cod-liver oil capsules
Food for babies
Dietary supplements for animals
Cod liver oil
Fish oil for medical purposes
Nutritional additives to foodstuffs for animals, for medical purposes
Delivery agents in the form of dissolvable films that facilitate the delivery of nutritional supplements
Melissa water for pharmaceutical purposes
Albuminous foodstuffs for medical purposes
Starch for dietetic use
Antioxidants
Anti-oxidants derived from honey
Anti-oxidants obtained from herbal sources
Anti-oxidants for dietary use
Anti-oxidants for medicinal use
Anti-oxidants comprising enzymes
Dietetic sugar for medical use
Sugar for medical purposes
Nutritional supplement meal replacement bars for boosting energy
Food supplements consisting of trace elements
Food supplements consisting of amino acids
Dietary supplements for infants
Dietary supplements for humans not for medical purposes
Dietary supplements for controlling cholesterol
Dietary supplements for pets in the nature of a powdered drink mix
Natural dietary supplements for treating claustrophobia