The trademark REMALT was filed by BioBo GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 16, 2021, and received one opposition filed on November 15, 2021 by Remmert Holding GmbH & Co. KG on Likelihood of confusion. the opponent was represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 15, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003158420 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 14, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Proteins [animal or plant, raw materials]
Vitamins for cosmetics production
Vitamins for food additive production
Vitamins for pharmaceutical production
Fermentative substances for food processing
Malt proteins
Flour for industrial use
Organic waste products [fertilisers]
Proteins [unprocessed]
Proteins for food processing
Proteins for food additive production
Proteins for industrial use
Fertilisers.
The mark was filed in class 5 with following description of goods:
Protein food products for medical use
Protein food additives
Antibacterial soaps
Food additives
Animal feed additives
Protein feed additives for animals
Enzyme food additives
Medicated sweets
Trace element preparations for humans or animals
Protein preparations for medical use
Biological substances for medical use
Biopellets
Biodegradable polymers
Balms for medical use
Bandages
Medicinal hair lotions
Lotions for pharmaceutical use
Medicated butters
Flour for pharmaceutical use
Malted-milk beverages for medicinal use
Pharmaceutical skin care preparations
Medicinal hair growth products
Dietetic food products for medical use
Malt for pharmaceutical use
Animal feed supplements.
The mark was filed in class 7 with following description of goods:
Agricultural machines
Mills [machines]
Threshers
Machines for butter production
Milk separators
Centrifuges [machines]
Centrifugal mills
Machines for dehulling cereals
Filter presses
Sifting devices
Sorting machines for industrial use
Grain cleaning machines
Filtration machines
Meat grinders [machines]
Hammers [machine parts]
Millstones
Crushing machines
Flour milling machines
Agitators [machines]
Machines for macaroni production, electrical
Machines for sausage production
Industrial sealing machines
Conveyors [machines]
Agricultural instruments, excepting instruments with manual drive
Machines for crushing waste, rubbish
Electric hammers
Pneumatic devices for collecting waste oil
Compacting machines
Sifting machines
Vibrators [machines] for industrial use
Shredders [machines] for industrial use
Belt conveyors
Belts for conveyors
Churns
Milk processing machines
Mixing machines
Drying machines
Packaging machines
Wood milling machines
Threshers, pumps [machines]
Separators for separating vapour and oily phases
Heat exchangers [machine parts]
Pipes for steam boilers [machine parts]
Degreasing devices [machines]
Separating devices
Washing devices
Loading/unloading devices.
The mark was filed in class 11 with following description of goods:
Desiccating devices
Drying devices and systems
Drying devices
Oil scrubbing apparatus
Forage drying apparatus
Cooling apparatus and devices
Disinfection devices
Evaporators pasteurisers
Malt dryers.
The mark was filed in class 31 with following description of goods:
Animal feed
Feed cake
Bird food
Bran mash for animal consumption
Animal feed preparations
Feed grain
Feed for stall animals
Feed products from grain processing
Pet food
Paper-sand mixture for pets [toilet filler]
Scented sand for pets [toilet filler]
Cereals for domesticated birds
Grain
Dog biscuits
Cereal bran
Barley.
The mark was filed in class 40 with following description of goods: