The trademark Toby was filed by ΣΙΓΓΙΡΙΔΟΥ ΕΙΡΗΝΗ ΜΟΝΟΠΡΟΣΩΠΗ Ι.Κ.Ε., με δ.τ. FARMA MON. I.K.E., a corporation established under the laws of the Hellenic Republic (the "Applicant"). The application was published for oppositions on June 28, 2022, and received one opposition filed on September 22, 2022 by SUN SOCIETA' CONSORTILE A R.L. on Likelihood of confusion. the opponent was represented by BUGNION S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 22, 2022
The application was filed in Greek, and Greek was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 15, 2025.
The Refusal with reference B 018720458 was partially rejected according to Article 7(1)(m) EUTMR with decision issued on December 20, 2022 by the EUIPO. The Opposition with reference B 003179344 was refused according to Article 8(1)(b) EUTMR with decision issued on March 17, 2024 by the EUIPO. The Appeal with reference B R1004/2024-2 was Trade mark application refused according to Article 8(1)(b) EUTMR with decision issued on March 20, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Food supplements
Protein dietary supplements
Enzyme dietary supplements
Dietary supplements consisting of vitamins
Dietary supplements for animals
Protein supplements for animals
Medicated supplements for foodstuffs for animals
Vitamin supplements for animals
Vitamin and mineral supplements for pets
Dietary supplements for pets
Antibiotic food supplements for animals
Feed supplements for veterinary use
Nutritional supplements for veterinary use
Food supplements for veterinary use
Fodder supplements for veterinary purposes
Nutritional supplements for livestock feed
Mineral dietary supplements for animals
Mineral supplements for feeding livestock
Dietary pet supplements in the form of pet treats
Dietary supplements for pets in the nature of a powdered drink mix.
The mark was filed in class 31 with following description of goods:
Live animals
Live animals, organisms for breeding
Mushrooms, fresh
Natural plants and flowers
Strengthening animal forage
Mixed animal feed
Foodstuffs for cats
Foodstuffs for puppies
Foodstuffs for animals on a milk basis
Cereal based foodstuffs for animals
Fodder
Formula animal feed
Malt
Preserved crops for animal feeds
Canned or preserved foods for animals
Canned foodstuffs consisting of meat for young animals
Pet foods in the form of chews.
The mark was filed in class 35 with following description of goods:
Retail services in relation to foodstuffs
Wholesale services in relation to foodstuffs
Retail services in relation to pet products
Wholesale services in relation to dietary supplements
Retail services in relation to dietary supplements
Retail services in relation to litter for animals
Wholesale services in relation to litter for animals
Retail services in relation to bedding for animals.