The trademark CHITOSHELL was filed by INTERMAG Spółka z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on April 18, 2021, and received one opposition filed on July 18, 2021 by SHELL BRANDS INTERNATIONAL AG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Osborne Clarke Rechtsanwälte Steuerberater Partnerschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 18, 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 1 with Plant enriching substances, namely an elicitor with a fungicidal and bactericidal effect, stimulating the natural defence mechanisms of plants.
The mark was filed in class 5 with following description of goods:
Veterinary preparations
Antibiotics, vitamins and medicated additives used in agriculture, horticulture and forestry
Dietetic food and substances adapted for medical or veterinary use
Dietary supplements for humans and animals
Medicated additives for humans and animals foods
Feeding stimulants for animals
Disinfectants
Preparations for destroying vermin
Chemicals for the protection of plants, namely fungicides, weedkillers, herbicides, insecticides, parasiticides
Preparations for the control of plant pests
Preparations for the control of weeds
Probiotics.
The mark was filed in class 31 with following description of goods: