The trademark Insuvital was filed by Insumed GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 16, 2020, and received one opposition filed on September 13, 2020 by SymbioGruppe GmbH & Co KG on Likelihood of confusion. the opponent was represented by KLEYMANN, KARPENSTEIN & PARTNER MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 13, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with Cosmetics.
The mark was filed in class 5 with following description of goods:
Dietetic beverages adapted for medical purposes
Medicinal drinks
Dietetic foods adapted for medical purposes
Dietetic preparations adapted for medical use
Dietary supplement drink mixes
Dietetic food preparations adapted for medical use
Dietetic substances adapted for medical use
Nutritional supplements
Food supplements
Food supplements for sportsmen
Protein dietary supplements
Protein powder dietary supplements
Herbal supplements
Vitamin preparations
Vitamin preparations in the nature of food supplements
Chemical preparations for medical purposes
Chemical preparations for pharmaceutical purposes
Chemico-pharmaceutical preparations
Capsules for medicines
Tinctures for medical purposes
Pharmaceuticals
Dietary supplemental drinks
Protein supplement shakes
Albuminous preparations for medical purposes
Nutritional supplement meal replacement bars for boosting energy.
The mark was filed in class 9 with following description of goods:
Measuring instruments
Testing apparatus not for medical purposes
Computer programs, downloadable
Computer programs, recorded
Software
Squares for measuring
Measuring apparatus
Electronic meters
Measuring devices, electric
Digital measuring apparatus
Computer programmes for data processing
Data processing software for graphic representations
Cloud servers.
The mark was filed in class 32 with following description of goods:
Soft drinks
Non-alcoholic fruit juice beverages
Lemonades
Syrups for lemonade
Non-alcoholic fruit extracts.
The mark was filed in class 35 with Wholesale services in relation to dietary supplements and Wholesale services in relation to dietetic preparations..
The mark was filed in class 42 with following description of goods:
Science and technology services
Industrial analysis and research services
Design and development of computer hardware
Design, development and programming of computer software
Computer software consultancy
Chemical analysis
Updating of computer software
Measurement services.
The mark was filed in class 44 with following description of goods:
Dietetic advisory services
Health counselling
Hygienic and beauty care
Medical care
Medical equipment rental
Weight reduction services
Nutrition and dietetic consultancy
Providing information relating to dietary and nutritional supplements
Providing information relating to dietary and nutritional guidance.