The trademark Brainball was filed by St. Hippolyt Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 10, 2020, and received one opposition filed on November 30, 2020 by biosyn Arzneimittel GmbH on Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 30, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 14, 2021. Appointment and Replacement of representative of the trademark registration was recorded on January 16, 2024.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical preparations made from or using carbohydrates and/or caffeine and/or vitamins and/or minerals
Carbohydrates, including enriched with caffeine and/or vitamins and/or minerals, for medical purposes, in liquid, compressed, powder, gel and/or sugar-coated form, including being components for foodstuffs and/or non-alcoholic drinks
Nutritional supplements
Dietetic foods adapted for medical purposes
Food supplements, preparations made from or using carbohydrates and/or vitamins and/or minerals and/or caffeine, not for medical purposes
Carbohydrate, vitamin and protein preparations and preparations consisting of minerals and/or trace elements
Food supplements made from or using glucose (not for medical purposes).
The mark was filed in class 30 with following description of goods:
Sugar
Pastry and confectionery goods
Snacks and crunchy snack bars not included in other classes
Preparations, included in class 30, consisting of or containing carbohydrates and/or vitamins and/or minerals and/or caffeine, for use as foodstuffs or as additives for foodstuffs or non-alcoholic drinks
Foodstuffs, long-life cakes and pastries, namely cereal bars containing carbohydrates, including mixed with nuts and/or cocoa and/or chocolate and/or fruits and/or honey and/or raisins and/or milk protein and/or tapioca starch and/or minerals and/or vitamins and/or caffeine
Carbohydrate bars, Protein bars, Confectionery, in particular sweetmeats (candy), chewing gum, not for medical purposes
Preparations made from or using glucose (not for medical use)
Glucose for food in liquid, compressed, powder or sugar-coated form, including being ingredients for foodstuffs and/or non-alcoholic beverages
Carbohydrates, including enriched with vitamins and/or minerals and/or caffeine, not for medical purposes, in liquid, compressed, powder, gel and/or sugar-coated form, including being components for foodstuffs and/or non-alcoholic drinks
Including all the aforesaid goods included in class 30 being dietetic substances not adapted for medical use.
The mark was filed in class 31 with following description of goods:
Plant seeds, unprocessed cereals, fresh fruits and vegetables, fresh herbs, supplementary animal foodstuffs, seeds, kernels (seed) and seed preparations, included in class 31