The trademark Dogenesis was filed by Robert Franz, a national of Romania (the "Applicant"). The application was published for oppositions on May 30, 2022, and received one opposition filed on July 27, 2022 by Diogenes Verlag AG on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NESSELHAUF RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 27, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003175519 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 7, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with Zeolites.
The mark was filed in class 3 with following description of goods:
Toiletries
Essential oils and aromatic extracts
Animal grooming preparations
Skin cream
Cosmetics.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Veterinary preparations
Dietary supplemental drinks
Vitamin supplements
Vitamin preparations
Dietary supplements for human beings and animals
Disinfectants and antiseptics.
The mark was filed in class 25 with Clothing.
The mark was filed in class 30 with Tea and Noodles..
The mark was filed in class 31 with following description of goods:
Animal foodstuffs
Pet food
Dog biscuits
Strengthening animal forage
Foodstuffs for dogs
Foodstuffs for cats.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Demonstration of goods
Wholesale services in relation to dietary supplements
Retail services in relation to dietary supplements
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services connected with the sale of clothing and clothing accessories