The trademark BIOSAO was filed by Valudo, a corporation established under the laws of the Democratic Republic of Sao Tome and Principe (the "Applicant"). The application was published for oppositions on July 7, 2020, and received one opposition filed on October 6, 2020 by HIJOS DE MOISES RODRIGUEZ GONZALEZ, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by J. LOPEZ PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 6, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003132232 was rejected according to Article 8(1)(a) EUTMR with decision issued on September 27, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Cosmetics based on coconut oil
Oils for hair conditioning
Skin and hair care preparations in particular based on coconut oil
Coconut oil for cosmetic purposes
Beauty preparations based on coconut oil.
The mark was filed in class 29 with following description of goods:
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yoghurt and other milk products
Oils and fats for food
Coconut milk
Coconut milk [beverage]
Coconut milk powder
Coconut milk for culinary purposes
Coconut milk-based beverages
Coconut oil for food
Coconut butter
Coconut fat
Coconut oil for food
Coconut fat
Coconut oil for food
Coconut fat
Coconut, desiccated
Coconut flakes
Prepared coconut
Coconut powder
Coconut chips
Coconut-based snacks
Ready meals mainly based on coconut milk, coconut oil and fat and prepared coconut
All the aforesaid goods being produced organically or made from products produced organically.
The mark was filed in class 30 with following description of goods:
Flour and preparations made from cereals
Bread, pastry and confectionery
Chocolate
Ice cream, sorbets and other ice creams
Sugar, honey, treacle
Yeast, baking-powder
Seasonings other than salt, Spices other than salt, Preserved herbs
Vinegar, sauces condiments
Ice for refreshment
Coconut meal for human consumption
Pastry and confectionery based on coconut
Coconut macaroons
Coconut macaroons
All the aforesaid goods being produced organically or made from products produced organically.