The trademark SWISSVITAE was filed by SED Swiss Engineering Developments AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on August 12, 2021, and received one opposition filed on November 14, 2021 by VITAE HEALTH INNOVATION, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GARRETA I ASSOCIATS AGÈNCIA DE LA PROPIETAT INDUSTRIAL, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 14, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 19, 2024.
The Opposition with reference B 003158301 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 17, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 30 with Nutritional foods for sports purposes, namely, protein fortified snacks made from rice, pasta, noodles, flour, cereals, pancake mixes, waffle mixes, breakfast cereals, oatmeal and snacks fortified with vitamins consisting of vegetable proteins from legumes, tofu, soy, nuts and seeds, lentils, chickpeas and beans, all included in this class and not for medical purposes and foods fortified with vitamins, proteins and minerals, not for medical purposes, namely, protein-fortified snacks made from rice, pasta, noodles, flour, cereals, pancake mixes, waffle mixes, breakfast cereals, oatmeal and snacks fortified with vitamins consisting of vegetable proteins from legumes, tofu, soy, nuts and seeds, lentils, chickpeas and beans, included in this class..
The mark was filed in class 32 with following description of goods:
Non-alcoholic sports, energy and multivitamin drinks
Non-alcoholic health drinks for non-medical use
Ready-to-drink, concentrated non-alcoholic drinks, whether or not in powder form.