The trademark PROVITALIZE 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 June 9, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on September 5, 2022 by Borealis Pharma B.V. on Likelihood of confusion. the opponent was represented by KILBURN & STRODE LLP and its proceedings were handled in English The second opposition filed on September 1, 2022 by Euroshine B.V. on Likelihood of confusion. the opponent was represented by Becks, Karin and its proceedings were handled in English The third opposition filed on August 16, 2022 by Westfälische Fleischwarenfabrik Stockmeyer GmbH on Likelihood of confusion. the opponent was represented by BISCHOF & PARTNER RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and its proceedings were handled in English
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003176998 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 19, 2023 by the EUIPO. The Opposition with reference B 003177819 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 12, 2024 by the EUIPO. The Opposition with reference B 003178025 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 12, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Business intermediary services in the purchase and sale, import and export in relation to the following goods: Pharmaceutical and medical preparations, Sanitary preparations for medical purposes, Dietetic food and dietetic substances adapted for medical use, Pharmaceutical preparations, Pharmaceutical substances and Pharmaceutical compositions, Pharmaceutical and natural medicines, Supplements for food and Food preparations for humans, Vegetable supplements
Business intermediary services in the purchase and sale, import and export in relation to the following goods: vitamins, Vitamin supplements and vitamin preparations, Vitamin fortified beverages, for medical purposes, Minerals, Mineral supplements and Mineral preparations Adapted for medical purposes
Business intermediary services in the purchase and sale, import and export in relation to the following goods: dietary supplements for human consumption and Dietetic preparations for human consumption, Including the following goods: Bars, powders, Trays, Capsules, Jellies, drink items, Effervescent tablets and preparations for making beverages, Powders for use as food substitutes, Slimming capsules, Dietary fiber to aid digestion, Beverages, including being dietary, Adapted for medical purposes
Business intermediary services in the purchase and sale, import and export in relation to the following goods: Shakes containing protein supplements, Protein dietary supplements, Protein powder dietary supplements, Meal-replacement protein-based food bars, Whey protein preparations, Medical and dietetic protein drinks
Business intermediary services in the purchase and sale, import and export in relation to the following goods: Dairy products and dairy substitutes, Eggs, milk cheese butter yogurt and other milk products, Oils and fats for food, powdered milk, Whey, Foods with protein as the main ingredient, Protein preparations for human consumption, protein powder
Business intermediary services in the purchase and sale, import and export in relation to the following goods: Dairy-based meal-replacement beverages, not for medical purposes and Not for dietary use and Powders for dairy-based meal-replacement beverages, not for medical purposes and Not for dietary use, Nutrition bars based on preserved fruits, vegetables or nuts, Snacks and snack products based on the following goods: Dairy, Nuts (fruits), Grains (seeds), Fruit and/or Vegetables
Business intermediary services in the purchase and sale, import and export in relation to the following goods: Cereal bars and energy bars, including those with increased protein content, muesli bars, Meal-replacement bars based on chocolate, rice, cereal and/or pasta, snacks and snack food products based on chocolate, rice, cereal and/or pasta
Provision of commercial information
Promotional activities
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.