The trademark intestx was filed by Intestx GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 26, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on April 26, 2022 by IN.TE.S.A. INIZIATIVE TELEMATICHE PER I SERVIZI APPLICATIVI S.P.A. on Likelihood of confusion. the opponent was represented by JACOBACCI & PARTNERS S.P.A. and its proceedings were handled in English The second opposition filed on March 13, 2022 by CASA PREM, S.L. on Likelihood of confusion. the opponent was represented by WOLKE, PATENTES Y MARCAS 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).
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Food for babies
Sanitary preparations and articles
Pharmaceuticals and natural remedies
Diagnostic preparations and materials
Dietetic substances (for medical purposes)
Foodstuffs for infants, Invalids foodstuffs
Meal replacement powders
Medicated beverage mixtures being meal replacements
Nutritional supplements in the form of snacks being meal substitutes, for medical purposes
Food bars being meal substitutes, for medical purposes
None of the goods included in this class being for animals
Dietetic confectionery, not for medical purposes
Diet fruit drinks.
The mark was filed in class 9 with following description of goods:
Recorded content in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Information technology and audio-visual, multimedia and photographic devices in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Scientific and laboratory devices for treatment using electricity in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Optical devices, enhancers and correctors in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Measuring, detecting, monitoring and controlling devices in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Scientific research and laboratory apparatus, educational apparatus and simulators in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Software related to healthcare, health, wellness and related to consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Application software related to healthcare, health, wellness and related to consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Media content related to healthcare, health, wellness and related to consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Computer programs related to healthcare, health, wellness and related to consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus, downloadable
Electronic publications related to healthcare, health, wellness and related to consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus, downloadable
None of the aforesaid goods, in relation to the following fields: Semiconductor apparatus, Electronic components.
The mark was filed in class 10 with following description of goods:
Medical apparatus and instruments
Diagnosis apparatus, Examination apparatus, Monitoring devices, Including medical test sets and accessories
Physical therapy equipment
Sex aids.
The mark was filed in class 29 with following description of goods:
Meat and meat products
Fish, seafood and molluscs, not live
Dairy products and dairy substitutes
Cheese
Birds eggs and egg products
Edible oils and fats
Processed fruits, fungi, vegetables, nuts and pulses
Jellies for food
Jams
Compotes
Fruit and vegetable spreads
Soups and stocks, meat extracts
Prepared insects and larvae
Sausage casings, natural or artificial
Prepared meals consisting principally of game
Prepared meals containing [principally] chicken
Prepared meals containing [principally] eggs
Prepared dishes consisting principally of meat
Prepared meals consisting substantially of seafood
Prepared meals containing [principally] bacon.
The mark was filed in class 30 with following description of goods:
Snack food products consisting of cereal products
Cereal-based snack food
Snack food products made from potato flour
Snack foods prepared from maize
Snacks manufactured from muesli
Cereal-based snack food
Pastries consisting of vegetables and fish
Rice-based prepared meals
Prepared meals containing [principally] pasta
Prepared meals in the form of pizzas
Pizza bases
Fresh pizza
Freeze-dried dishes with the main ingredient being rice
Freeze-dried dishes with the main ingredient being pasta
Chilled pizzas
Frozen pastry stuffed with meat
Frozen pastry stuffed with vegetables
Filled bread rolls
Filled bread rolls
Vegetable pies
Pellet-shaped rice crackers (arare)
Rice based dishes
Meals consisting primarily of pasta
Toasted sandwiches
Toasted cheese sandwich
Gluten-free pizza
Preserved pizzas
Corn chips
Noodle-based prepared meals
Pasta salad
Pasta dishes
Pastries consisting of vegetables and meat
Prepared pizza meals
Cereal-based snack food
Multigrain-based snack foods
Rice-based snack food
Snack food products made from cereal starch
Snack food products made from potato flour
Snack food products made from maize flour
Snack food products made from rusk flour
Snack foods made of whole wheat
Frozen pizzas
Tortilla chips
Tortilla snacks
Tortillas
Edible salt
Seasonings
Savory sauces, chutneys and pastes
Salts, seasonings, flavourings and condiments
Bread
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Cereal bars and energy bars
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Dried and fresh pastas, noodles and dumplings
Yeast and leavening agents
Doughs, batters, and mixes therefor
None of the goods included in this class being for animals.
The mark was filed in class 32 with following description of goods:
Low-calorie non-alcoholic beverages
Dietetic beverages
Beer and brewery products
Nut and soy based beverages
Flavoured carbonated beverages
Juices
Waters
Non-alcoholic beverages
Non-alcoholic preparations for making beverages
Powders for the preparation of beverages.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Public relations services in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Product demonstrations and product display servicesin the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Trade show and commercial exhibition services in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Loyalty, incentive and bonus program services in the field of healthcare, health, well-ness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Distribution of advertising, marketing and promotional material in the field of healthcare, health, well-ness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Advertising, marketing and promotional consultancy, advisory and assistance services in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Provision and rental of advertising space, time and media in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Business management in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Business research in the field of healthcare, health, wellness and in the field of consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus
Retailing and wholesaling, Including on the Internet, in relation to the following goods: dietary and dietetic preparations and Nutritional supplements, sanitary preparations and articles, Pharmaceutical and natural medicines, Medical apparatus and instruments, Information technology, audiovisual, multimedia and photographic apparatus, Apparatus for scientific research and laboratories, Sexual aids, Teaching apparatus and simulators
Retailing and wholesaling, Including on the Internet, in relation to the following goods: Diagnostic preparations and materials, Apparatus for diagnostic purposes, Examination apparatus, Surveillance apparatus, Including medical test sets, Meat and meat derivatives, fish, seafood and molluscs, not live, Dairy products and substitutes therefor, Edible oils and fats, Soups and broths, Processed fruits, mushrooms, vegetables, nuts and pulses, Snacks consisting of cereals, Processed fruits
Retailing and wholesaling, Including on the Internet, in relation to the following goods: fungi, Vegetables, Nuts and pulses, snacks manufactured from cereals, Snacks prepared with potato flour, Snack foods prepared from maize, snacks made from muesli, snack food products made from cereals
Retailing and wholesaling,Including on the Internet, in relation to the following goods: Pastries containing vegetables and fish, Ready-made rice-based meals, Ready meals predominantly containing pasta, Prepared dishes in the form of pizzas, Prepared pizza bases, Fresh pizza, Freeze-dried dishes with rice being the main ingredient, Freeze-dried dishes with pasta being the main ingredient, Refrigerated pizzas, frozen pastry stuffed with meat
Retailing and wholesaling, Including on the Internet, in relation to the following goods: Ice, ice creams, frozen yogurt, Frozen sorbets, Coffee, tea, cocoa and substitutes therefor, Processed grains, starches, and goods made thereof, baking preparations and yeasts, Table salt, seasonings, spices, flavourings for beverages, Sugars, natural sweeteners, sweet coatings and coverings, beekeeping products, Pasta filled with vegetables, Filled sandwiches
Retailing and wholesaling, Including on the Internet, in relation to the following goods: Stuffed bread, vegetable pates, Pellet-shaped rice crackers (arare), Rice-based dishes, Meals, consisting primarily of pasta, toasted sandwiches
Retailing and wholesaling, Including on the Internet, in relation to the following goods: Toasted cheese sandwich, Gluten-free pizza, Preserved pizzas, corn chips, Pasta meals, noodle salads, Pasta dishes (cf TMclass), Pastries consisting of vegetables and meat, Prepared pizza meals, cereal-based snack foods, Multi-grain snack foods, Rice-based snack food, Snack food products made from cereal starch, Snack food products made from potato flour, Snacks made of commeal, Snack foods made from rusk flour
Retailing and wholesaling, Including on the Internet, in relation to the following goods: Snack foods made from whole wheat, Frozen pizzas, tortilla chips, Flour tortilla snacks and Tortillas, Non-alcoholic drinks, Non-alcoholic preparations for making beverages, Beers and brewery products
Retailing and wholesaling, Including on the Internet, in relation to the following goods: Prepared meals consisting primarily of game, Prepared meals primarily consisting of eggs, prepared meals primarily containing meat, Ready meals consisting (predominantly) of chicken, prepared meals primarily containing seafood and Ready meals, predominantly consisting of bacon.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Provision of access to content, websites and portals
Computer communication and Internet access
Providing online chatrooms and electronic bulletin boards for transmission of messages amongst users
Audiovisual communication services
Providing chatlines, chat rooms and forums on the Internet
Transmission of electronic mail
All the aforementioned in relation to healthcare, health, wellness and in relation to consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus.
The mark was filed in class 41 with following description of goods:
Education, entertainment and sport services
Training
Provision of training courses
Arranging and conducting of conferences
Arranging of lectures
Arranging of courses of instruction
Publishing services
Providing electronic publications
Publishing, reporting, and writing of texts
Audio, video and multimedia production, and photography
Sports and fitness services
Education and instruction services
Live performance services
All the aforementioned in relation to healthcare, health, wellness and in relation to consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus.
The mark was filed in class 42 with following description of goods:
IT services
Software development, programming and implementation
Computer hardware development
Hosting services, software as a service, and rental of software
Rental of computer hardware and facilities
IT consultancy, advisory and information services
IT security, protection and restoration
Data duplication and conversion services, data coding services: Computer software design
Software development
Science and technology services
Rental of science and technology equipment
Medical and pharmacological research services
Scientific and industrial research
Scientific research and analysis
Software as a service [SaaS]
Platform as a service [PaaS]
Provision of information and data relating to medical and veterinary research and development
Testing, authentication and quality control
Design services
All the aforementioned in relation to healthcare, health, wellness and in relation to consumer goods, namely food, food supplements, medical preparations and articles, medical apparatus.
The mark was filed in class 44 with following description of goods:
Dietary and nutritional advice
Providing information relating to dietary and nutritional guidance
Human healthcare services
Medical services
Dentistry
Pharmaceutical services
Mental health services
Rental of equipment for human healthcare
Medical counseling
Human hygiene and beauty care
Telemedicine services
Telemedicine services
Medical assistance
None of the aforesaid services included in this class being for animals.