The trademark DOC FLECK was filed by Anne Fleck, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 9, 2021, and received one opposition filed on August 26, 2021 by DOC GENERICI S.R.L. on Likelihood of confusion. the opponent was represented by Marchi, Davide and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 26, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Appeal with reference B R1203/2023-4 was Application partially rejected according to Article 8(1)(b) EUTMR with decision issued on December 17, 2023 by the EUIPO. The Opposition with reference B 003153438 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 10, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Beauty care cosmetics
Beauty care preparations
Non-medicated beauty preparations
Cosmetics.
The mark was filed in class 16 with following description of goods:
Books
Magazines
Journals.
The mark was filed in class 29 with Processed fruits, fungi, vegetables, nuts and pulses.
The mark was filed in class 30 with Food essences [except etheric essences and essential oils].
The mark was filed in class 31 with following description of goods:
Raw fruit
Fresh fruit
Fresh fruits, nuts, vegetables and herbs
Fresh herbs
Fresh vegetables.
The mark was filed in class 32 with following description of goods:
Nutritionally fortified beverages
Non-alcoholic beverages
Non-alcoholic preparations for making beverages.
The mark was filed in class 41 with following description of goods:
Online education services
Online electronic publishing of books and periodicals
Conducting training courses relating to nutrition online
Education services relating to nutrition
Dietary education services
Conducting classes in weight reduction
Training in catering
Education services relating to health
Educational and training services relating to healthcare
Medical education services
Sports coaching
Sports education services
Sports and fitness services
Sporting and cultural activities
Cultural and sporting activities
Education, entertainment and sport services
Publication of texts
Preparation of texts for publication.
The mark was filed in class 43 with following description of goods:
Providing food and beverages
Food and drink catering
Consultancy services relating to food and beverages
Hospitality services [food and drink]
Food and drink preparation services
Preparation of food and beverages
Consultancy services relating to food preparation
Services for providing food and drink
Catering services for the provision of food
Corporate hospitality (provision of food and drink)
Provision of information relating to the preparation of food and drink
Catering services
Catering.
The mark was filed in class 44 with following description of goods:
Nutritional advisory services
Nutrition and dietetic consultancy
Providing nutritional information about food
Providing information about dietary supplements and nutrition
Dietician service
Dietetic advisory services
Diet planning and supervision
Weight reduction diet planning and supervision
Weight reduction services
Weight management services
Weight-reduction programmes (Planning of -)
Consultation services in the field of weight management
Providing medical advice in the field of weight loss
Healthcare
Health consultancy
Health screening
Healthcare services
Health centre services
Health clinic services
Providing health information
Public health counseling
Health risk assessment
Human healthcare services
Medical health assessment services
Information relating to health
Medical and healthcare clinics
Medical and healthcare services
Health care relating to fasting
Providing medical information in the healthcare sector