The trademark Lipo-Shield was filed by LipoLabs GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 4, 2021, and received one opposition filed on February 6, 2022 by LIPID SYSTEMS Sp. z o.o. on Likelihood of confusion. the opponent was represented by WTS RZECZNICY PATENTOWI - WITEK, SNIEZKO I PARTNERZY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 6, 2022
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
Vitamin fortified beverages for medical purposes
Multi-vitamin preparations
Liquid vitamin supplements
Nutraceuticals for use as a dietary supplement
Mineral dietary supplements
Nutritional supplements
Linseed dietary supplements
Linseed oil dietary supplements
Protein dietary supplements
Lecithin dietary supplements
Yeast dietary supplements
Casein dietary supplements
Dietary supplements for animals
Glucose dietary supplements
Alginate dietary supplements
Wheat germ dietary supplements
Albumin dietary supplements
Pollen dietary supplements
Enzyme dietary supplements
Propolis dietary supplements
Royal jelly dietary supplements
Wheat dietary supplements
Dietary supplements for humans
Dietary supplements for controlling cholesterol
Food supplements consisting of amino acids
Dietary supplements for human beings and animals
Dietary supplements consisting of vitamins
Acai powder dietary supplements
Mineral nutritional supplements
Dietary supplements with a cosmetic effect
Powdered nutritional supplement drink mix
Herbal supplements
Lipotropic factor preparations
None of the aforesaid goods being ophthalmologic goods, in particular not being contact lenses (including cosmetic lenses), care and cleaning goods for contact lenses, eye drops, artificial tears and/or other care preparations for ophthalmological use.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Non-alcoholic preparations for making beverages
Energy drinks
Juices
Guarana drinks
Isotonic beverages.
The mark was filed in class 35 with following description of goods:
Wholesale services in relation to dietary supplements
Retail services in relation to dietary supplements
Online retail services in relation to dietary supplements and dietetic preparations
Online retail services in relation to lipotropic factor preparations
Online retail services in relation to vitamin and mineral supplements
Retail services in relation to non-alcoholic beverages
Online retailing of non-alcoholic preparations for making beverages
None of the aforesaid services relating to ophthalmologic goods, in particular not relating to contact lenses (including cosmetic lenses), care and cleaning goods for contact lenses, eye drops, artificial tears and/or other care preparations for ophthalmological use.