The trademark Bio naturalis was filed by UAB ‘‘FOKSAS‘‘, a corporation established under the laws of the Republic of Lithuania (the "Applicant"). The application was published for oppositions on April 11, 2021, and received one opposition filed on April 25, 2021 by TORRIBAS S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BERMEJO & JACOBSEN PATENTES-MARCAS S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 25, 2021
The application was filed in Lithuanian, and Lithuanian was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R2567/2022-5 was Application allowed according to Article 66(1) EUTMR with decision issued on March 2, 2023 by the EUIPO. The Opposition with reference B 003145285 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on October 26, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Oils for food
Salad oil
Olive oil
Blended oils for food
Organic coconut oil for culinary purposes
Extra virgin olive oil for food
Canola oil
Sesame oil for food
Coconut oil for food
Flavoured oils
Hardened oils [hydrogenated oil for food]
Palm oil for food
Linseed oil for food
Groundnut oil
Sunflower oil for food
Rape oil for food
Maize oil for food
Drinks made from dairy products
Milk products
Milk substitutes
Desserts made from milk products
Coconut milk-based beverages
Powdered milk
Coconut powder
Coconut milk powder
Powdered cream
Edible oils and fats
Processed fruits, fungi, vegetables, nuts and pulses
Flavoured yoghurts
Flavoured milk beverages
Candied nuts
Vegetable powders
Vegetable extracts for food
Jellies, jams, compotes, fruit and vegetable spreads
Hummus [chickpea paste]
Yogurt drinks
Cocoa butter for food
Cooking oils
Cooking fats
Bottled vegetables
Margarine
Margarine substitutes
Marmalade
Pickled fruits
Coconut milk
Potato-based dumplings
Processed chickpeas
Fruit purees
Vegetable-based cream
Clarified butter
Meat
Smoked meats
Processed fish
Smoked fish
Dishes of fish
Fish-based foodstuffs
Fresh poultry
Frozen poultry
Poultry substitutes
Game, not live
Meat extracts
Jellies for food
Fruit, preserved
Frozen fruits
Frozen vegetables
Dried fruit
Vegetables, dried
Vegetables, cooked
Jams
Compotes
Eggs
Milk
Cheese
Butter
Yoghurt.
The mark was filed in class 30 with following description of goods:
Chili oil for use as a seasoning or condiment
Ice milk [ice cream]
Flour
Flour mixes
Vinegar
Syrups and treacles
Aniseed
Processed seeds used as a flavoring for foods and beverages
Orange blossom water for culinary purposes
Tea
Coffee
Tea leaves
Tea-based beverages
Tea (Non-medicated -) sold loose
Flavouring syrups
Flavourings for foods
Flavorings and seasonings
Vegetable thickeners
Vegetable based coffee substitutes
Vegetal preparations for use as coffee substitutes
Oat-based food
Bread rolls
Sponge cakes
Halvah
Chicory [coffee substitute]
Sugar
Breakfast cereals, porridge and grits
Bread
Rusks
Mustard
Mustard meal
Gluten prepared as foodstuff
Glucose for culinary purposes
Glucose powder for food
Glucose preparations for food
Cereal preparations
Cereal-based snack food
Flavourings, other than essential oils, for beverages
Cocoa
Extracts of coffee for use as flavours in foodstuffs