The trademark ALTER NUTRITION was filed by JRT NUTRITION, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 23, 2021, and received one opposition filed on December 22, 2021 by Alter, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 22, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on February 2, 2022. Change of name and professional address of the trademark registration was recorded on February 1, 2023. Change of name and address of the trademark registration was recorded on February 27, 2024.
The application claimed as seniority of the French Republic trademark 4241950 and filed on January 19, 2016 which was abandoned by the office.
Goods And Services
The mark was filed in class 5 with Dietary supplements and dietetic preparations for sportspeople and consumers of organic, vegetarian, vegan and flexitarian food.
The mark was filed in class 29 with following description of goods:
Processed fruits, fungi, vegetables, nuts and pulses
Fruit- and nut-based snack bars
Nut and seed-based snack bars
Organic nut and seed-based snack bars
Nut-based food bars
Soy-based food bars
Snacks of edible seaweed
Fruit-based snack food
Fruit chips
Vegetable-based snack foods
Nut-based snack foods
Dried fruit-based snacks
Snack mixes consisting of dehydrated fruit and processed nuts
Steamed or toasted cakes of fish paste (kamaboko)
Tube-shaped toasted cakes of fish paste (chikuwa)
Hash browns
Potato pancakes
Galbi [grilled meat dish]
Frittatas
Waffle fries
Falafel
Meat-based snack foods
Tofu-based snacks
Soy-based snack foods
Potato snacks
Coconut-based snacks
Milk-based snacks
Sweet corn-based snack foods
Snack mixes consisting of processed fruits and processed nuts
Mixes for making soup
Dried fruit mixes
Prepared meals made from poultry [poultry predominating]
Prepared meals made from meat [meat predominating]
Prepared meat dishes
Prepared vegetable dishes
Prepared meals consisting principally of vegetables
Prepared meals consisting primarily of meat substitutes
Matzo ball soup
Miso soup
Noodle soup
Vegetable salads
Fruit salads
Nut-based meal replacement bars
Fruit-based meal replacement bars
Soup powders
Instant miso soup
Dairy products and dairy substitutes
Birds eggs and egg products.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Pizza bases
Crackers flavoured with herbs
Crackers flavoured with spices
Crackers flavoured with meat
Crackers flavoured with vegetables
Crackers filled with cheese
Crackers flavoured with cheese
Crackers made of prepared cereals
Pellet-shaped rice crackers (arare)
Pancakes
Crepes
Crisps made of cereals
Rice-based snack food
Multigrain-based snack foods
Snack food products made from rice flour
Snack food products made from cereal flour
Cereal-based snack food
Snack foods consisting principally of extruded cereals
Snack food products consisting of cereal products
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Savoury pancakes
Cereal-based savoury snacks
Oat clusters containing dried fruit
Prepared meals containing [principally] pasta
Meals consisting primarily of pasta
Prepared meals containing [principally] rice
Freeze-dried dishes with the main ingredient being pasta
Freeze-dried dishes with the main ingredient being rice
Prepared rice dishes
Pasta dishes
Dry and liquid ready-to-serve meals, mainly consisting of rice
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Rice-based prepared meals
Pasta-based prepared meals
Noodle-based prepared meals
Cereal-based meal replacement bars
Chocolate-based meal replacement bars
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Salts, seasonings, flavourings and condiments.
The mark was filed in class 32 with following description of goods: