The trademark LIPOVITAAL was filed by MCB Trade B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on October 28, 2021, and received one opposition filed on January 25, 2022 by PK Holdline B.V. on Likelihood of confusion. the opponent was represented by ALGEMEEN OCTROOI- EN MERKENBUREAU B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 25, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Soap
Perfumery
Ethereal oils
Cosmetics and cosmetic preparations.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Milk sugar for pharmaceutical purposes
Food supplements and Preparations for nutritional use
Protein powder dietary supplements
Diabetic foods
Dietary supplements and preparations
Vitamins, vitamin preparations and supplements
Infant formula
Powdered milk for babies
Meal replacement protein-based food bars.
The mark was filed in class 29 with following description of goods:
Dairy products and dairy substitutes
Milk substitutes
Dairy powders
Powdered milk
Powdered milk for food purposes
Foods with protein as the main ingredient
Proteinaceous preparations for human consumption
Protein powders
Dairy-based meal replacement beverages, Not for medical use and Not for dietary use and Powders for meal replacement beverages based on dairy products, not for medical or dietetic purposes
Nutrition bars based on preserved fruits, vegetables or nuts.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Publication of advertising texts
Distribution of advertising material
Promotional activities
Advertising
Business organisation, business economic and business administration consultancy
Marketing
Market canvassing, market research and market analysis
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing, in relation the following goods: Perfumery, grooming products, Cosmetics, Supplements for food and Dietetic foods
Provision of commercial information
Organisation of events for commercial and advertising purposes
Compilation and management of data files
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.