The trademark FORTIFIT was filed by N. V. Nutricia, a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on August 26, 2021, and received one opposition filed on November 22, 2021 by TERAPIA S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 22, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on August 23, 2021.
Goods And Services
The mark was filed in class 29 with following description of goods:
Milk and milk products
Powdered milk
Milk powder
Non-dairy and plant-based powdered milk and milk powder, namely powdered milk and milk powder derived from plants, vegetables, grains, nuts, seeds and fruits
Flavoured milk
Flavoured milk-based drinks
Condensed milk
Fermented milk
Non-dairy and plant-based milk and milk products, namely milks derived from plants, vegetables, grains, nuts, seeds, beans and fruits
Frozen, prepared or packaged hand-held meals consisting primarily of meat, fish, poultry, or vegetables
Snack food primarily consisting of fruits and nuts
Fruit-based snack foods
Yogurt
Yogurt-based snack foods
Yogurt drinks
Freeze-dried fruit and yogurt snacks
Freeze-dried fruits and vegetables in the form of a chip
Fruit purees
Soya milk (milk substitute)
Bean milk powder
Vegetable purees
Nutritional supplements not for medical use
Protein milk.
The mark was filed in class 30 with following description of goods:
Cereals and preparations made from cereals
Breakfast cereals
Cereal bars
Muesli
Snack food, cereal-based
Snack food, rice-based
Biscuits
Flour
High protein cereal bars.
The mark was filed in class 32 with following description of goods:
Beverages enriched with additional minerals (not being for medical use)
Beverages enriched with added vitamins (not for medical purposes)