018728370

BenFit

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July 5, 2022

Trademark Summary

The trademark BenFit was filed by BenFit-Nutrition GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 28, 2022, and received one opposition filed on November 16, 2022 by Frulact - Industria Agro-Alimentar, S.A. on Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 16, 2022

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

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Goods And Services

• The mark was filed in class 9 with Mobile fitness and nutrition apps.
• The mark was filed in class 18 with following description of goods:
  
  1. Rucksacks
  2. Bags
  3. Training bags.
• The mark was filed in class 25 with following description of goods:
  
  1. Clothing
  2. Tee-shirts
  3. Shorts
  4. Polo shirts
  5. Gym suits
  6. Sweatbands
  7. Headbands [clothing]
  8. Trousers
  9. Sweaters
  10. Hooded pullovers
  11. Gloves [clothing]
  12. Jackets [clothing]
  13. Underwear
  14. Shirts
  15. Socks
  16. Caps [headwear]
  17. Caps being headwear
  18. Leggings [trousers]
  19. Tops [clothing]
  20. Tank tops.
• The mark was filed in class 30 with following description of goods:
  
  1. Snack food products made from potato flour
  2. Snack foods prepared from maize
  3. Ready-to-bake dough products
  4. Flour ready for baking
  5. Flour ready for baking
  6. Ready-made baking mixtures
  7. Batter mixes
  8. Bakery goods
  9. Pastries
  10. Bagels
  11. Baguettes
  12. Meringues
  13. Sandwiches
  14. Puff pastry
  15. Pretzels
  16. Bread
  17. Unleavened bread
  18. Bread with soy bean
  19. Bread with sweet red bean
  20. Bread flavoured with spices
  21. Bread and buns
  22. Bread biscuits
  23. Mixes for the preparation of bread
  24. Thin breadsticks
  25. Bread doughs
  26. Bread improvers being cereal based preparations
  27. Brownies
  28. Bean jam buns
  29. Cornflour bun bread (almojábana)
  30. Danish bread rolls
  31. Hamburgers contained in bread rolls
  32. Bun mix
  33. Chilled pizzas
  34. Pizza crust
  35. Pizza bases
  36. Prepared pizza meals
  37. Pizza flour
  38. Pizza mixes
  39. Pizzas
  40. Pizzas
  41. Pizza sauces
  42. Pizza sauces
  43. Sauces for pizzas
  44. Pizza dough
  45. Pre-baked pizzas crusts
  46. Protein bars
  47. Muesli bars
  48. Chocolate spreads containing nuts
  49. Cocoa based creams in the form of spreads.
• The mark was filed in class 32 with following description of goods:
  
  1. Fruit drinks
  2. Juices
  3. Smoothies
  4. Non-alcoholic beverages
  5. Cola drinks
  6. Isotonic beverages
  7. Non-alcoholic beverages containing alcohol.
• The mark was filed in class 35 with following description of goods:
  
  1. Retail services in relation to non-alcoholic beverages
  2. Retail services relating to bakery products
  3. Retail services in relation to sorbets
  4. Retail services in relation to frozen yogurts
  5. Retail services in relation to cocoa
  6. Retail services relating to food
  7. Retail services in relation to dairy products
  8. Retail services in relation to dietary supplements
  9. Retail services in relation to chocolate
  10. Retail services relating to candy
  11. Wholesale services in relation to baked goods
  12. Wholesale services in relation to dietetic preparations
  13. Wholesale services in relation to ice creams
  14. Wholesale services in relation to frozen yogurts
  15. Wholesale services in relation to dairy products
  16. Wholesale services in relation to dietary supplements
  17. Wholesale services in relation to foodstuffs
  18. Wholesale services relating to candy
  19. Online ordering services.
• The mark was filed in class 41 with following description of goods:
  
  1. Exercise [fitness] training services
  2. Exercise [fitness] advisory services
  3. Physical training services
  4. Conducting fitness classes
  5. Personal trainer services [fitness training]
  6. Health and fitness training
  7. Provision of keep fit facilities
  8. Educational services relating to physical fitness, Educational services relating to physical fitness
  9. Physical fitness consultation
  10. Sports and fitness services
  11. Cookery courses
  12. Gymnasium services relating to weight training
  13. Conducting physical fitness conditioning classes
  14. Provision of information on fitness training via an online portal
  15. Conducting training sessions on physical fitness online
  16. Providing of information relating to fitness training via an online website
  17. Health and wellness training
  18. Writing services for blogs.