The trademark FOODSMART was filed by Zipongo, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on June 24, 2021, and received one opposition filed on September 26, 2021 by SmartRetail on Likelihood of confusion. the opponent was represented by GEVERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 26, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 13, 2021.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software
Downloadable software in the nature of a mobile application
Mobile application software for wireless devices that provides users with recipes, personalized meal planning services and information about health, wellness and nutrition.
The mark was filed in class 35 with Providing a website featuring technology that enables users to create grocery lists and assists users in online grocery choices and ordering.
The mark was filed in class 42 with Platform as a service (PAAS) featuring computer software platforms for health care providers, namely, dieticians and medical personnel to communicate with patients regarding heath, wellness and nutrition and software as a service (SAAS) services featuring software for providing participants online access in the field of digital health to gain insight, tools, and the support in the fields of health, wellness and nutrition..
The mark was filed in class 44 with following description of goods:
Providing healthcare information
Providing a website featuring interactive health, wellness and nutrition assessments
Providing nutrition assessments and consultation to help individuals make health, wellness and nutritional changes to improve health
Health care services, namely, nutrition and wellness services, telenutrition, health coaching and online nutrition education and support
Providing a web hosting digital therapeutic platform for the management and care of clinical conditions.