The trademark GREAT VITA was filed by JMP Service KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 27, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on January 27, 2022 by VITASOY INTERNATIONAL HOLDINGS LIMITED on Likelihood of confusion. the opponent was represented by NOERR ALICANTE IP, S.L. and its proceedings were handled in English The second opposition filed on January 19, 2022 by Bunge Polska Sp. z o.o. on Likelihood of confusion. the opponent was represented by Affre i Wspólnicy Sp. K. and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0564/2023-1 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on September 14, 2023 by the EUIPO. The Opposition with reference B 003162462 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 17, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Vitamins for the food industry
Vitamins for use in the manufacture of cosmetics
Vitamins for use in the manufacture of food supplements
Proteins for the food industry.
The mark was filed in class 3 with following description of goods:
Ethereal essences
Ethereal oils
Essential oils of cedarwood
Essential oils of lemon
Bergamot oil
Greases for cosmetic purposes
Jasmine oil
Lavender oil
Lavender water
Food flavourings [essential oils]
Almond oil
Body oils [for cosmetic use]
Oils for cosmetic purposes
Oils for perfumes and scents
Mint essence [essential oil]
Potpourris [fragrances]
Fumigation preparations [perfumes]
Joss sticks
Rose oil
Incense
Aromatics [essential oils].
The mark was filed in class 4 with following description of goods:
Perfumed candles
Candles
Nightlights [candles].
The mark was filed in class 5 with Nutritional supplements and Protein dietary supplements..
The mark was filed in class 16 with Calendars.
The mark was filed in class 29 with following description of goods:
Seaweed extracts for food
Alginates for culinary purposes
Fruit chips
Almonds, ground
Coconut, desiccated
Nuts, prepared
Seeds, prepared
Flavoured nuts
Peanut butter.
The mark was filed in class 30 with following description of goods:
Agave syrup [natural sweetener]
Aniseed
Essences for foodstuffs, except etheric essences and essential oils
Vinegar
Fondants [confectionery]
Spices
Condiments
Ginger [spice]
Turmeric
Linseed for culinary purposes [seasoning]
Flour
Natural sweeteners
Nut flours
Peppers [seasonings]
Saffron [seasoning]
Allspice
Mustard meal
Tapioca flour
Quinoa, processed
Processed seeds for use as a seasoning
Cinnamon [spice]
Pepper
Rice tapioca.
The mark was filed in class 31 with following description of goods:
Cereal seeds, unprocessed other than those of the botanical genera Triticum, Triticale, Triticosecale and Secale