The trademark AGILUS was filed by Ms Biotech srl, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 26, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on August 25, 2021 by AGIMUS GmbH Umweltgutachterorganisation & Beratungsgesellschaft on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by GRAMM, LINS & PARTNER PATENT- UND RECHTSANWÄLTE PARTGMBB and its proceedings were handled in English The second opposition filed on June 8, 2021 by ADAMA Deutschland GmbH on Likelihood of confusion. the opponent was represented by GÖHMANN RECHTSANWÄLTE ABOGADOS ADVOKAT STEUERBERATER PARTNERSCHAFT and its proceedings were handled in English
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003148313 was refused according to Article 8(1)(b) EUTMR with decision issued on April 27, 2023 by the EUIPO. The Opposition with reference B 003153524 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 26, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Inorganic fertilizers
Fertilizer compositions
Fertilizers, lawn fertilizers, grass fertilizers
Nutrients for plants
Mixtures of chemicals and natural materials for use as agricultural fertilizers
Soil improving preparations
Fertilizers for soil
Chlorine-free fertilizers
Fertilizers
Foliar fertiliser for application to crops during periods of stress
Bacterial preparations for use in agriculture
Chemicals for use in agriculture
Mixtures of chemicals and natural materials for use as horticultural fertilizers
Phosphates [fertilizers]
Fertilizers for agriculture made of seaweed
Seaweeds [fertilizers]
Substrates used in agriculture, horticulture and forestry
Plant-growth regulators containing microorganisms
Chemicals used in horticulture
Natural fertilizers
Foliar fertiliser for application to crops during periods of rapid growth
Soil conditioning chemicals
Fertilisers consisting of compounds of nitrogen
Complex fertilizer
Substances for improving the soil
Mineral fertilising preparations
Foliar feeds
Potassium sulphate fertilizer
Growing media for plants
Soil improving material
Horticulture growing media
Microorganisms for use in stimulation of plant growth
Mixtures of chemicals and microorganisms for fertilizing compost
Organic fertilizers
Fertilizing preparations
Soil conditioning preparations
Plant growth regulating preparations
Growth stimulants [other than for medical or veterinary use]
Fertilizers for the land
Seaweed extracts for use as a fertilizer.
The mark was filed in class 35 with following description of goods:
Wholesale services in relation to mixtures of chemicals and natural materials for use as horticultural fertilizers
Mail order retail services in relation to complex fertilizer
Catalogue retail services in relation to fertilizing preparations
Catalogue retail services in relation to organic fertilizers
Catalogue retail services in relation to fertilizers
Catalogue retail services in relation to soil conditioning preparations
Mail order retail services in relation to fertilizers
Retail services in relation to growing media for plants
Mail order retail services in relation to chemicals used in horticulture
Retail services in relation to fertilizer compositions
Catalogue retail services in relation to phosphates [fertilizers]
Retail services in relation to inorganic fertilizers
Mail order retail services in relation to mineral fertilising preparations
Retail services in relation to soil conditioning preparations
Catalogue retail services in relation to complex fertilizer
Retail services in relation to seaweed extracts for use as a fertilizer
Retail services in relation to mixtures of chemicals and natural materials for use as agricultural fertilizers
Mail order retail services in relation to soil conditioning chemicals
Wholesale services in relation to fertilizers, lawn fertilizers, grass fertilizers
Retail services in relation to fertilizers for agriculture made of seaweed
Wholesale services in relation to fertilizers
Mail order retail services in relation to growing media for plants
Retail services in relation to growth stimulants [other than for medical or veterinary use]
Mail order retail services in relation to substrates used in agriculture, horticulture and forestry
Mail order retail services in relation to mixtures of chemicals and microorganisms for fertilizing compost
Wholesale services in relation to fertilizers for soil
Retail services in relation to soil improving preparations
Mail order retail services in relation to soil conditioning preparations
Wholesale services in relation to substrates used in agriculture, horticulture and forestry
Retail services in relation to chlorine-free fertilizers
Retail services in relation to mixtures of chemicals and natural materials for use as horticultural fertilizers
Mail order retail services in relation to chlorine-free fertilizers
Wholesale services in relation to fertilisers consisting of compounds of nitrogen
Retail services in relation to chemicals used in horticulture
Wholesale services in relation to plant-growth regulators containing microorganisms
Catalogue retail services in relation to seaweed extracts for use as a fertilizer
Retail services in relation to plant growth regulating preparations
Retail services in relation to natural fertilizers
Wholesale services in relation to seaweeds [fertilizers]
Mail order retail services in relation to seaweed extracts for use as a fertilizer
Wholesale services in relation to fertilizers for the land
Wholesale services in relation to plant growth regulating preparations
Catalogue retail services in relation to substances for improving the soil
Wholesale services in relation to chemicals for use in agriculture
Retail services in relation to fertilizers, lawn fertilizers, grass fertilizers
Retail services in relation to nutrients for plants
Wholesale services in relation to organic fertilizers
Wholesale services in relation to soil conditioning preparations
Catalogue retail services in relation to fertilizers for the land
Wholesale services in relation to inorganic fertilizers
Retail services in relation to soil conditioning chemicals
Catalogue retail services in relation to potassium sulphate fertilizer
Mail order retail services in relation to foliar fertiliser for application to crops during periods of rapid growth
Mail order retail services in relation to nutrients for plants
Retail services in relation to fertilizers for the land
Wholesale services in relation to fertilizer compositions
Mail order retail services in relation to chemicals for use in agriculture
Catalogue retail services in relation to substrates used in agriculture, horticulture and forestry
Catalogue retail services in relation to plant-growth regulators containing microorganisms
Mail order retail services in relation to foliar feeds
Mail order retail services in relation to fertilisers consisting of compounds of nitrogen
Wholesale services in relation to mineral fertilising preparations
Mail order retail services in relation to fertilizers for soil
Wholesale services in relation to fertilizers for agriculture made of seaweed
Retail services in relation to mixtures of chemicals and microorganisms for fertilizing compost
Catalogue retail services in relation to chemicals used in horticulture
Catalogue retail services in relation to soil improving preparations
Mail order retail services in relation to inorganic fertilizers
Mail order retail services in relation to bacterial preparations for use in agriculture
Catalogue retail services in relation to foliar fertiliser for application to crops during periods of rapid growth
Catalogue retail services in relation to fertilizers, lawn fertilizers, grass fertilizers
Wholesale services in relation to potassium sulphate fertilizer
Mail order retail services in relation to phosphates [fertilizers]
Catalogue retail services in relation to foliar fertiliser for application to crops during periods of stress
Retail services in relation to potassium sulphate fertilizer
Catalogue retail services in relation to fertilisers consisting of compounds of nitrogen
Wholesale services in relation to growing media for plants
Retail services in relation to fertilizers
Wholesale services in relation to seaweed extracts for use as a fertilizer
Retail services in relation to substrates used in agriculture, horticulture and forestry
Retail services in relation to chemicals for use in agriculture
Retail services in relation to substances for improving the soil
Mail order retail services in relation to substances for improving the soil
Wholesale services in relation to nutrients for plants
Wholesale services in relation to horticulture growing media
Wholesale services in relation to chlorine-free fertilizers
Wholesale services in relation to soil conditioning chemicals
Catalogue retail services in relation to nutrients for plants
Retail services in relation to organic fertilizers
Mail order retail services in relation to natural fertilizers
Mail order retail services in relation to fertilizing preparations
Mail order retail services in relation to plant growth regulating preparations
Catalogue retail services in relation to plant growth regulating preparations
Mail order retail services in relation to mixtures of chemicals and natural materials for use as horticultural fertilizers
Retail services in relation to seaweeds [fertilizers]
Catalogue retail services in relation to mineral fertilising preparations
Retail services in relation to soil improving material
Catalogue retail services in relation to seaweeds [fertilizers]
Mail order retail services in relation to fertilizers, lawn fertilizers, grass fertilizers
Retail services in relation to foliar fertiliser for application to crops during periods of rapid growth
Wholesale services in relation to mixtures of chemicals and microorganisms for fertilizing compost
Wholesale services in relation to fertilizing preparations
Wholesale services in relation to foliar feeds
Catalogue retail services in relation to growth stimulants [other than for medical or veterinary use]
Retail services in relation to fertilizers for soil
Wholesale services in relation to complex fertilizer
Retail services in relation to foliar feeds
Mail order retail services in relation to growth stimulants [other than for medical or veterinary use]
Catalogue retail services in relation to foliar feeds
Catalogue retail services in relation to fertilizers for agriculture made of seaweed
Mail order retail services in relation to potassium sulphate fertilizer
Wholesale services in relation to bacterial preparations for use in agriculture
Retail services in relation to fertilizing preparations
Retail services in relation to mineral fertilising preparations
Catalogue retail services in relation to fertilizer compositions
Mail order retail services in relation to fertilizers for agriculture made of seaweed
Mail order retail services in relation to soil improving material
Wholesale services in relation to chemicals used in horticulture
Retail services in relation to bacterial preparations for use in agriculture
Wholesale services in relation to soil improving preparations
Catalogue retail services in relation to mixtures of chemicals and natural materials for use as horticultural fertilizers
Catalogue retail services in relation to natural fertilizers
Mail order retail services in relation to plant-growth regulators containing microorganisms
Wholesale services in relation to phosphates [fertilizers]
Mail order retail services in relation to seaweeds [fertilizers]
Retail services in relation to foliar fertiliser for application to crops during periods of stress
Catalogue retail services in relation to chlorine-free fertilizers
Mail order retail services in relation to fertilizer compositions
Mail order retail services in relation to organic fertilizers
Catalogue retail services in relation to horticulture growing media
Catalogue retail services in relation to soil improving material
Mail order retail services in relation to horticulture growing media
Mail order retail services in relation to fertilizers for the land
Wholesale services in relation to soil improving material
Catalogue retail services in relation to inorganic fertilizers
Retail services in relation to horticulture growing media
Catalogue retail services in relation to growing media for plants
Catalogue retail services in relation to bacterial preparations for use in agriculture
Catalogue retail services in relation to fertilizers for soil
Wholesale services in relation to substances for improving the soil
Mail order retail services in relation to mixtures of chemicals and natural materials for use as agricultural fertilizers
Wholesale services in relation to natural fertilizers
Wholesale services in relation to foliar fertiliser for application to crops during periods of rapid growth
Catalogue retail services in relation to chemicals for use in agriculture
Retail services in relation to plant-growth regulators containing microorganisms
Mail order retail services in relation to foliar fertiliser for application to crops during periods of stress
Mail order retail services in relation to soil improving preparations
Retail services in relation to phosphates [fertilizers]
Wholesale services in relation to growth stimulants [other than for medical or veterinary use]
Retail services in relation to complex fertilizer
Catalogue retail services in relation to soil conditioning chemicals
Wholesale services in relation to foliar fertiliser for application to crops during periods of stress
Wholesale services in relation to mixtures of chemicals and natural materials for use as agricultural fertilizers
Catalogue retail services in relation to mixtures of chemicals and microorganisms for fertilizing compost
Catalogue retail services in relation to mixtures of chemicals and natural materials for use as agricultural fertilizers
Retail services in relation to fertilisers consisting of compounds of nitrogen.