The trademark Bionika was filed by St. Hippolyt Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 4, 2022, and received one opposition filed on October 27, 2022 by Bionorica SE on Likelihood of confusion. the opponent was represented by Weinzierl, Rupert and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 27, 2022
The application was filed in German, and German 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 January 16, 2024.
The Opposition with reference B 003181926 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 27, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Soil conditioning preparations
Nutrient preparations for plants
Crop nutrients
Preparations for preventing plant diseases
Diagnostic preparations, Science, Research purposes
Humus and fertilisers
Humus
Compost, manures, fertilizers
Biological preparations for use in industry and science.
The mark was filed in class 42 with following description of goods:
Research, Relating to the following sectors: Environmental conservation and Environmental protection
Research in the field of reducing carbon emissions
Product research and development
Consultancy services relating to research in the field of environmental protection
Quality control services for certification purposes
Product quality control testing
Quality control testing, Counselling, Relating to the following sectors: Quality control.
The mark was filed in class 44 with following description of goods:
Services, in relation to the following fields: Tree planting, Gardening and landscaping services
Consultancy relating to tree planting, Counselling services, in relation to the following fields: Gardening and landscaping services
Services in the field of agriculture, aquaculture, horticulture and forestry.