The trademark VITY was filed by Vity Ltd, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on April 3, 2022, and received one opposition filed on June 30, 2022 by MARCO VITI FARMACEUTICI S.P.A. on Likelihood of confusion. the opponent was represented by BARZANÒ & ZANARDO ROMA S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 30, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003173901 was refused according to Article 8(1)(b) EUTMR with decision issued on August 2, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical, medical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements and dietetic preparations for human beings and animals
Diagnostic preparations and materials
Vitamin and mineral supplements and preparations for human beings and animals
Food supplements
Food supplements for animals
Disinfectants
Powdered nutritional supplement drink mix
Powdered nutritional supplement energy drink mix.
The mark was filed in class 35 with Wholesale and retail services connected with the sale of pharmaceutical, medical and veterinary preparations, sanitary preparations for medical purposes, dietetic food and substances adapted for medical or veterinary use, food for babies, dietary supplements and dietetic preparations for human beings and animals, diagnostic preparations and materials, vitamin and mineral supplements and preparations for human beings and animals, food supplements, food supplements for animals, disinfectants, powdered nutritional supplement drink mixes, powdered nutritional supplement energy drink mixes.