The trademark fermentlife was filed by Cellavent Healthcare GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 1, 2021, and received one opposition filed on October 27, 2021 by S.C. BIOFARM S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MILCEV BURBEA INTELLECTUAL PROPERTY OFFICE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 27, 2021
The application was filed in German, and German 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 March 1, 2023.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations, sanitary preparations for medical purposes
Medical diagnostic reagents for the analysis of bodily fluids
Foodstuffs and dietetic substances for medical or veterinary purposes
Nutritional supplements
Vitamin preparations
General anesthetics
Amino acids for medical or veterinary purposes
Amino acids for medical purposes
Amino acids for veterinary purposes
Amino acid preparations for medical purposes
Amino acid preparations for veterinary use
Analgesics
Topical analgesics
Allergy medication.
The mark was filed in class 29 with following description of goods:
Dietetic food, not adapted for medical use, with a base of proteins, fats, fatty acids, with added vitamins, minerals, trace elements, singly or in combination, and consisting predominantly of meat, fish, poultry and game, eggs, milk and milk preparations, processed fruit and vegetables, included in class 29
Meat extracts
Frozen vegetables
Preserved vegetables
Vegetables, dried
Vegetables, cooked
Fruit, preserved
Dried fruit
Frozen fruits
Cooked fruits
Jellies, jams, compotes, fruit and vegetable spreads
Milk products
Edible oils and fats.
The mark was filed in class 30 with following description of goods:
Flavourings, other than essential oils, for beverages
Flavourings, other than essential oils, for beverages
Substances imparting flavour for addition to drink [other than essential oils]
Aromatic teas [other than for medicinal use]
Flavoured coffee
Flavoured rices
Flavourings of tea
Flavourings for beverages
Flavourings for snack foods [other than essential oils]
Flavourings for beverages
Food flavourings, other than essential oils
Flavourings made from fruits
Flavourings made from fruits [other than essential oils]
Flowers or leaves for use as tea substitutes
Curry [spice]
Curry spice mixes
Curry powder [spice]
Curry [spice]
Curried food pastes
Curry mixes
Curry pastes
Curry powder [spice]
Curry powder [spice]
Curry sauces
Curry pastes
Darjeeling tea
Lollipops
Earl grey tea
Pickled ginger [condiment]
Edible essences for foodstuffs [other than etheric substances and essential oils]
Alimentary seasonings
Essences for foodstuffs, except etheric essences and essential oils
Essences for food [other than essential oils]
Essences for foodstuffs, except etheric essences and essential oils
Essences for use in cooking [other than essential oils]
Essences for use in food preparation [other than essential oils]
Ready-to-eat cereals
Extracts used as flavoring [not essential oils]
Extracts of coffee for use as flavours in beverages
Extruded food products made of wheat
Fresh pasties
Fresh pies
Fresh pasta
Fresh bread
Fruit flavorings, other than essential oils
Fruit flavourings, except essences
Fruit breads
Fruit teas
Ginger [spice]
Ginger [spice]
Preserved ginger as a condiment
Salts, seasonings, flavourings and condiments
Substances imparting flavour for addition to drink [other than essential oils].
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Concentrates for making fruit drinks
Concentrates for use in the preparation of soft drinks