The trademark ELIO was filed by Nuritas Limited, a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on October 20, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on January 20, 2021 by Novartis AG on Likelihood of confusion. the opponent was represented by ABEL & IMRAY and its proceedings were handled in English The second opposition filed on January 20, 2021 by Dulces y Conservas HELIOS, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BALDER IP LAW, S.L. and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Deletion of the representative of the trademark registration was recorded on January 26, 2021. Appointment and Replacement of representative of the trademark registration was recorded on January 27, 2021. Appointment and Replacement of representative of the trademark registration was recorded on April 5, 2021. Change of name and professional address of the trademark registration was recorded on January 11, 2024.
The Opposition with reference B 003139362 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 23, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals for use in industry
Protein hydrolysates
Protein hydrolysate powders
Vegetable protein hydrolysate powders
Dairy protein hydrolysate powders
Peptide preparations
Protein hydrolysates and ingredients for use in making food products, nutritional supplements, cosmetics, personal care products and pharmaceuticals.
The mark was filed in class 5 with following description of goods:
Pharmaceutical and medical preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical use
Food supplements
Nutritional supplements
Dietetic food and beverages
Infant formula
Food for special medicinal purposes.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Milk and milk products
Edible oils and fats
Jellies, jams and compotes
Eggs
Milkshakes.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Breakfast cereals
Bread, pastries and confectionery
Chocolate
Ice cream, sorbets and other edible ices
Sugar, honey, treacle
Yeast, baking-powder
Salt, seasonings, spices, preserved herbs
Vinegar, sauces and other condiments
Ice (frozen water).
The mark was filed in class 32 with following description of goods:
Beer
Non-alcoholic beverages
Syrups and other preparations for making beverages
Mineral and aerated waters
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages.