The trademark vital essences was filed by Dr. Chayeb Unternehmensgesellschaft (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 26, 2021, and received one opposition filed on August 25, 2021 by Donat, Brandt on Likelihood of confusion. the opponent was represented by SPRENGER RECHTSANWALTSKANZLEI and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 25, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003153539 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 29, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with Nutritional supplements and Dietary supplements for humans..
The mark was filed in class 30 with following description of goods:
Sugar substitutes
Tea
Processed herbs
Dried herbs
Spices.
The mark was filed in class 35 with following description of goods:
Online retail services in relation to nutritional supplements
Online retail services in relation to dietary supplements for humans
Online retail services in relation to sugar substitutes
Online retail services in relation to tea
Online retail services in relation to processed herbs
Online retail services in relation to dried herbs
Online retail services in relation to spices
Retail services in relation to dietary supplements
Retail services in relation to dietary supplements for humans