The trademark VitaCux was filed by VitaCux GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 26, 2021, and received one opposition filed on July 7, 2021 by Alcon Inc. on Likelihood of confusion. the opponent was represented by Nordemann Czychowski & Partner Rechtsanwältinnen und Rechtsanwälte mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 7, 2021
The application was filed in German, and German 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:
Vitamins for the food industry
Vitamins for use in the manufacture of food supplements
Vitamins for use in the manufacture of pharmaceuticals
Anti-oxidants for use in manufacture
Antioxidants for use in the manufacture of food supplements
Antioxidants for use in the manufacture of pharmaceuticals
Antioxidants for use in the manufacture of food and beverages
Antioxidants for use in the manufacture of food products
Proteins for the food industry
Proteins for use in the manufacture of food supplements
Protein for use in the manufacture of foodstuffs.
The mark was filed in class 29 with following description of goods:
Milk products
Drinks made from dairy products
Powdered milk
Powdered milk for food purposes
Flavoured milk powder for making drinks
Whey
Dairy products and dairy substitutes.
The mark was filed in class 32 with following description of goods: