The trademark BioFructa was filed by S.C. NEGRO 2000 SRL, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on April 19, 2022, and received one opposition filed on July 12, 2022 by CALIDAD PASCUAL, S.A.U. on Likelihood of confusion. the opponent was represented by Fernández-Vega Feijóo, María Covadonga and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 12, 2022
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 9, 2023.
The Opposition with reference B 003174528 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 13, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Flavoured nuts
Processed fungi, vegetables, nuts and pulses
Vegetable spreads
Fruit-based meal replacement bars
Peeled vegetables
Processed legumes
Frozen vegetables
Vegetables, cooked
Vegetables, dried
Bottled vegetables
Mixed vegetables
Cut vegetables
Salted vegetables
Fermented vegetables
Legume salads
Onions, preserved
Pickled vegetables
Lentils, preserved
Vegetable burgers
Vegetables, preserved
Vegetables, tinned
Preserved vegetables
Vegetable stock
Vegetable puree
Vegetable chips
Squashes [plants, preserved]
Vegetable pastes
Pre-cut vegetables
Prepared vegetable products
Preserved vegetables (in oil)
Canned sliced vegetables
Grilled vegetables
Prepared vegetable dishes
Freeze-dried vegetables
Vegetable extracts for cooking
Vegetable-based snack foods
Vegetable powders
Vegetable juices for cooking
Vegetable soup preparations
Pre-cut vegetable salads
Vegetable-based entrees
Pre-cut vegetables for salads
Quick-frozen vegetable dishes
Vegetable-based chips
Extracts of vegetables [juices] for cooking
Vegetable spreads
Legume-based spreads
Vegetables pickled in soy sauce
Kimchi [fermented vegetable dish]
Vegetable juice concentrates for food
Vegetable-based meat substitutes
Prepared meals consisting principally of vegetables
Vegetable-based concentrate for cooking
Frozen prepared meals consisting principally of vegetables
Vegetable-based prepared meals for toddlers
Vegetable jellies
Knuckle of ham
Tomato concentrates [puree]
Edible seeds
Seeds, prepared
Seeds, prepared
Nut and seed-based snack bars
Organic nut and seed-based snack bars
Cooked sesame seeds, not being seasonings or flavorings.
The mark was filed in class 31 with following description of goods:
Seeds for fruit
Fresh nuts and herbs
Vegetable seeds
Aquacultural crops, horticulture and forestry products
Bulbs (plant -)
Bulbs (plant -) for agricultural use
Bulbs for planting
Bulbs (plant -) for agricultural use
Seeds, bulbs and seedlings for plant breeding
Spawn for agricultural purposes
Seeds for planting
Natural seeds
Raw seeds
Unprocessed seeds
Sprouted seeds
Apple tree seeds
Seeds for planting
Agricultural seeds
Propagation material [seeds]
Raw and unprocessed seeds
Unprocessed seeds for agricultural use
Seeds in pellet form
Edible seeds [unprocessed]
Edible linseed, unprocessed
Saplings
Fruit shrubs
Trees.
The mark was filed in class 35 with following description of goods:
Advertising services for the promotion of beverages
Advertising services to promote the sale of beverages
Advertising
Online advertisements
Radio advertising
Television advertising
Banner advertising
Promotion [advertising] of business
Advertising and marketing
Advertising
Advertising
Advertising by mail order
Arrangement of advertising
Magazine advertising
Publicity and sales promotion services
Direct mail advertising
Digital advertising services
Promotional services provided by telephone
Press advertising services
Publicity and sales promotion services
Radio and television advertising
Advertising
Advertisement for others on the internet
Publicity services
Advertising by transmission of on-line publicity for third parties through electronic communications networks
Advertising services for the promotion of e-commerce
Organization of exhibitions for commercial or advertising purposes
On-line advertising and marketing services
Advertising particularly services for the promotion of goods
Promotion, advertising and marketing of on-line websites
Business administration and management
Business organization and management consultancy including personnel management
Business organisation
Business planning services
Business administration
Business management organisation
Administration of business affairs
Import and export services
Retail services in relation to chemicals for use in agriculture
Wholesale services in relation to chemicals for use in agriculture
Retail services in relation to agricultural equipment
Wholesale services in relation to agricultural equipment
Accounting services relating to costs for farming enterprises
Trade marketing [other than selling]
Advertising, marketing and promotional services
Distribution of advertising, marketing and promotional material.
The mark was filed in class 39 with following description of goods:
Transportation of fruit
Storage of agricultural foodstuffs
Storage of beverages
Delivery of food and drink prepared for consumption
Distribution [transport] of retail goods
Transport
Transport services
Transportation and storage
Transportation of freight
Arranging transportation of goods
Packaging services
Packing of freight
Wrapping of goods
Packing of food
Packaging services
Packing of food
Packaging and storage of goods
Wrapping and packaging services
Wrapping and packaging of goods
Bottling services
Food delivery services
Delivery services
Delivery of goods
Storage and delivery of goods
Cargo delivery services
Storage and delivery of goods
Transportation and delivery of goods
Collection, transport and delivery of goods
Travel arrangement
Arranging of transport and travel
Travel arrangement and reservation services
Planning, arranging and booking of travel
Arranging and booking of travel
Arranging of excursions
Supply [transport] of water for agricultural use
Consultancy services relating to transportation.
The mark was filed in class 44 with following description of goods:
Agriculture services
Pest control in agriculture
Insecticide spraying in agriculture
Agriculture, aquaculture, horticulture and forestry services
Weed killing for agriculture, horticulture and forestry
Destruction of parasites for agriculture, horticulture and forestry
Agricultural advice
Information services relating to farming
Agriculture, horticulture and forestry services
Spraying of crop protection products for agricultural purposes
Cultivation advisory services relating to agriculture
Vermin exterminating for agriculture, aquaculture, horticulture and forestry
Insecticide spraying for agricultural, horticultural and forestry purposes
Vermin exterminating for agriculture, aquaculture, horticulture and forestry
Control of infestations of fleas in agriculture
Rental of equipment for agriculture, aquaculture, horticulture and forestry
Pest control services for agriculture, horticulture and forestry
Providing information about agriculture, horticulture, and forestry services
Consultancy and advisory services relating to agriculture, horticulture and forestry
Winching services for agriculture, horticulture and forestry
Providing online information about agriculture, horticulture, and forestry services
Providing information relating to vermin exterminating for agriculture, horticulture or forestry
Pest control services for agriculture, aquaculture, horticulture and forestry
Information services relating to the use of manures used in agriculture
Information services relating to the use of chemicals used in agriculture
Information services relating to the use of fertilisers used in agriculture
Aerial and surface spreading of fertilizers and other agricultural chemicals
Vermin exterminating for agriculture, horticulture or forestry, and providing information relating thereto
Advisory and consultancy services relating to the use of agricultural and horticultural fertilizers
Advisory and consultancy services relating to the use of fertilizers in agriculture, horticulture and forestry
Advisory and consultancy services relating to the use of manure in agriculture, horticulture and forestry
Advisory and consultancy services relating to the use of non-chemical treatments for sustainable agriculture and horticulture
Advisory and consultancy services relating to weed, pest and vermin control in agriculture, horticulture and forestry
Crop cultivation
Cultivation of plants
Consultancy relating to the cultivation of plants
Sod farming services
Farming services
Agricultural services relating to environmental conservation
Agriculture, horticulture and forestry services relating to the recultivation of industrial wastelands