The trademark VITACEE was filed by David van Vliet, a national of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on September 24, 2020, and received one opposition filed on December 21, 2020 by AFLOFARM Farmacja Polska Sp. z o.o. on Likelihood of confusion. the opponent was represented by Pawlikowski, Ćukasz and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 21, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary and nutritional supplements
Vitamin supplements
Vitamins and vitamin preparations for medical use
Dietetic food preparations and substances for medical use
Dietetic food additives for medical use
Gummy vitamins
Effervescent vitamin tablets
Supplements for healthy food mainly manufactured from vitamins and/or minerals, trace elements, herbs, extracts, proteins, amino acids and mushrooms.
The mark was filed in class 32 with Vitamin fortified non-alcoholic beverages.
The mark was filed in class 35 with following description of goods:
Advertising
Business management, business administration
Office functions
Commercial-business mediation in terms of purchase and sale, import and export, and wholesaling and retailing relating to dietetic supplements and food supplements, vitamin supplements, vitamins and vitamin preparations, for medical use, dietetic food preparations and substances, for medical use, dietetic food additives
Commercial-business mediation in terms of purchase and sale, import and export, and wholesaling and retailing relating to vitamin sweets, vitamin effervescent tablets, supplements for healthy food, manufactured mainly from vitamins and/or minerals, trace elements, herbs, extracts, proteins, amino acids and mushrooms, non-alcoholic beverages enriched with vitamin
Sales promotion and dissemination of promotional material
Marketing
Market prospecting, research and analysis
Business economics, business administration and business organisation consultancy
Merchandising
Organisation of trade fairs, exhibitions and other events for commercial and advertising purposes
Information and consultancy relating to the aforesaid services
The aforesaid services also to be provided via electronic networks, including the Internet.