The trademark BN BYWAY NUTRITION was filed by Suplopharm Sławomir Grzeca, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on August 31, 2021, and received one opposition filed on November 30, 2021 by PLADIS FRANCE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GILBEY LEGAL and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 30, 2021
The application was filed in Polish, and Polish 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:
Albumin dietary supplements
Mineral food supplements
Nutritional supplements
Yeast dietary supplements
Glucose dietary supplements
Protein dietary supplements
Enzyme dietary supplements
Alginate dietary supplements
Lecithin dietary supplements
Mineral dietary supplements for humans
Dietary supplements and dietetic preparations
Soy protein dietary supplements
Nutritional supplements
Food supplements
Health food supplements made principally of minerals
Health food supplements made principally of vitamins
Mineral drinks (Medicated -)
Food supplements
Dietary and nutritional supplements
Dietary supplemental drinks
Health food supplements for persons with special dietary requirements
Herbal dietary supplements for persons special dietary requirements
Vitamin tablets
Vitamin and mineral supplements
Vitamin preparations in the nature of food supplements
Slimming pills
Medical preparations for slimming purposes
Appetite stimulant preparations
Nutritional supplement meal replacement bars for boosting energy
Nutritional supplements
Soy protein for use as additives for food or food supplements, dietary supplements other than for medical purposes, food supplements for human consumption consisting mainly of soy protein, other than for medical use
Dietary preparations for slimming and muscle maintenance.
The mark was filed in class 29 with following description of goods:
Albumen for food
Protein concentrates for foodstuffs
Soy protein for culinary purposes, nutritional foodstuffs, namely, Nut-based meal replacement bars, Fruit-based meal replacement bars, Prepared dishes consisting principally of meat, Prepared vegetable dishes, Snack mixes consisting of dehydrated fruit and processed nuts, Frozen meals consisting primarily of fish
Frozen meals consisting primarily of poultry, Fool
Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae).
The mark was filed in class 32 with following description of goods:
Sports drinks
Energy drinks containing caffeine
Energy drinks
Isotonic beverages.
The mark was filed in class 35 with following description of goods:
Retail services relating to food
Retail services in relation to sporting articles
Retail services in relation to dietetic preparations
Retail services in relation to dietary supplements
Wholesale services in relation to dietetic preparations
Wholesale services in relation to dietary supplements
Wholesale services in relation to sporting articles
Wholesale services in relation to non-alcoholic beverages
Wholesale services in relation to foodstuffs
Wholesale services in relation to clothing
Wholesale services in relation to chocolate
Retail services in relation to chocolate
Business administration services for processing sales made on the internet
Electronic commerce services, namely, providing information about products via telecommunication networks for advertising and sales purposes
Advertising services for the promotion of e-commerce.