The trademark VITABIOME was filed by ADVITEC PROCESS, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on May 24, 2021, and received one opposition filed on July 27, 2021 by Zakłady Tłuszczowe "Kruszwica" S.A. on Likelihood of confusion. the opponent was represented by Miszczuk, Marta Malgorzata and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 27, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Forage additives, Silage additives, All of the aforesaid goods For agri-food use
Cultures of bacteria, inactive, dead or living microorganisms, bioactive molecules, In the following fields: Agri-food, Agriculture
Bacterial preparations, inactive, dead or living microorganisms, cultures of microogranisms, bioactive molecule preparations, Not for medical or veterinary use
Chemical substances for preserving foodstuffs
Fertilisers and bio stimulants, Relating to soils and plants
By-products of the processing of cereals for industrial purposes for plant supply
Chemicals, In relation to the following fields: Industry, Especially Food industry, Provision of teaching classes, Agriculture, Horticulture, forestry.
The mark was filed in class 5 with following description of goods:
Preparations based on cereals, oilseeds, protein crops, cereal extracts in particular barley, oilseeds, protein crops, for medical and pharmaceutical purposes
Chemical and natural preparations for medical and Chemical and natural preparations for pharmaceutical use, in particular for human appetite stimulation, digestion improvement, food assimilation, digestive hygiene, immunity and natural defences, digestive flora balance and digestive wall integrity, in particular through the processing of cereals via germination and lactic fermentation
Fodder additives and Silage additives, for use in lactic fermentation, for medical and pharmaceutical purposes
Dietetic substances, foodstuffs and beverages adapted for medical use, Medicinal infusions
Nutritional additives for pharmaceutical and medical purposes, The aforesaid goods Based on cereals, protein crops and oilseeds and in particular barley, processed or not via germination and lactic fermentation or other kinds of fermentation
Medicinal herbs
Herbal teas for medicinal purposes
Pharmaceuticals
Preparations of microorganisms for medical purposes
Cultures of bacteria, inactive, dead or living microorganisms, bioactive molecules from fermentation For medical purposes
Chemical preparations for treating diseases affecting vine plants and Natural preparations for treating vine disease
Pharmaceutical and chemico-pharmaceutical preparations
Food supplements Based on bioactive molecules, For food purposes
Bioactive molecules For medical, pharmaceutical or veterinary purposes
Sanitary preparations for medical purposes
Food supplements for medical and pharmaceutical purposes, Based on cultures of bacteria and inactive, dead or living microorganisms
Parasiticides
Disinfectant soap
Medicated soap
Medicated shampoos
Medicated dentifrices
Dressings, medical
Disinfectants
Bacterial, vermin and fungal destroying preparations
Fungicides, herbicides.
The mark was filed in class 29 with following description of goods:
Cereal, protein crop and oil seed grains and in particular preserved barley grains For use in food
Meat, fish, poultry and game
Fish and meat extracts, Meat and fish preserves
Preserved, frozen, dried or cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Seaweed extracts for food.
The mark was filed in class 30 with following description of goods:
Cereals, Dried cereals, Flour
Rice, tapioca, sago
Preparations and Foodstuffs made with cereals In particular for human appetite stimulation, digestion improvement, food assimilation, digestive hygiene, immunity and natural defences in particular through the processing of cereals via germination and lactic fermentation
Bread, pastry and confectionery, ices
Honey, treacles
Yeast, baking-powder
Salt, mustard
Vinegar, sauces (condiments)
Spices
Infusions, not medicinal
Cereals and In particular crushed or husked barley
Corn flour and In particular barley, oilseeds, protein crops
Grain by-products of the processing of cereals via lactic fermentation, For food purposes.