The trademark adyix was filed by VIRGIL CIOBOTA, a national of Romania (the "Applicant"). The application was published for oppositions on December 11, 2022, and received one opposition filed on March 9, 2023 by Sprout Pharmaceuticals, Inc. on Likelihood of confusion. the opponent was represented by MURGITROYD & COMPANY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 9, 2023
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Food supplements
Anti-oxidant food supplements
Protein dietary supplements
Medicated food supplements
Food supplements for sportsmen
Enzyme dietary supplements
Pollen dietary supplements
Folic acid dietary supplements
Coenzyme Q10 dietary supplements
Food supplements in liquid form
Glucose dietary supplements
Yeast dietary supplements
Propolis dietary supplements
Mineral dietary supplements
Linseed oil dietary supplements
DHA algae oil dietary supplements
Fitness and endurance supplements
Health-aid foods supplement containing red ginseng
Health food supplements for persons with special dietary requirements
Health food supplements made principally of minerals
Lecithin dietary supplements
Calcium supplements
Herbal supplements
Zinc dietary supplements
Nutritional supplements made of starch adapted for medical use
Homeopathic supplements
Nutritional supplements
Dietary supplemental drinks
Liquid nutritional supplements
Vitamin and mineral supplements
Vitamin supplements
Nutritional supplements
Nutritional supplement food bars
Vitamin preparations in the nature of food supplements
Powdered nutritional supplement drink mix
Herbal dietary supplements for persons special dietary requirements
Dietary supplements for humans not for medical purposes
None of the aforesaid goods being pharmaceutical products or products for sexual health.
The mark was filed in class 9 with following description of goods:
Educational mobile applications
Application software for mobile phones
Application software for mobile devices
Software and applications for mobile devices
Downloadable mobile applications for the management of data
Downloadable mobile applications for the transmission of data
Downloadable mobile applications for the transmission of information
Downloadable applications for use with mobile devices
Downloadable mobile applications for use with wearable computer devices
Downloadable software in the nature of a mobile application for dark kitchen delivery and ordering
Mobile apps
Downloadable software applications
Business intelligence software
Computer application software for streaming audio-visual media content via the internet
Downloadable software in the nature of a mobile application for food delivery and ordering
Computer application software for use with wearable computer devices
Software for the planning, integration and optimization of Smart City applications
Computer software to enhance the audio-visual capabilities of multimedia applications
Application software for social networking services via internet
Downloadable mobile applications for the management of information
Computer application software featuring games and gaming
Software for mobile phones
Web application software
Web content management [WCM] software
Web application and server software
Website development software
Software for renting advertising space on websites
Software for embedding online advertising on websites
Computer software for creating dynamic websites
Software for designing online advertising on websites
Computer software for use in creating and designing websites
Computer programs for using the internet and the worldwide web
Computer software for facillitating user access to a computer network for disseminating a wide range of information
Computer software that allows users to customize their viewing, listening, and playing experience by selecting and arranging the display and performance of audio, video, and audiovisual elements by users in the fields of music, video, sports and the entertainment industry
Computer software applications, downloadable
Computer software platforms, recorded or downloadable
Computer software for sharing content and interaction in an event setting
Computer software for networking in an event setting
Software, Downloadable applications for use with mobile devices, in relation to the following services: managing multiple social media accounts
Software, Downloadable applications for use with mobile devices, in relation to the following services: accessing information on a global computer network
Software, Downloadable applications for use with mobile devices, in relation to the following services: accessing information from directories made available from a global computer network
Computer software and downloadable mobile applications for social networking
Software and downloadable mobile applications for facilitating communication in the field of social networking
Software for creating, managing and interacting with an online community and downloadable mobile applications for creating, managing, and interacting with an online community
Computer software for the collection, editing, organizing, modifying, transmission, storage and sharing of data and information
Software and downloadable mobile applications for creating, sharing, disseminating and posting photos, videos, personal and general information for the purposes of social, personal and professional networking
Downloadable applications for use with mobile devices, in relation to the following fields: Interaction with other users
Software and downloadable mobile applications for charitable fundraising and collection and distribution of donations for charitable purposes
Computer software development tools
Computer software for use as an application programming interface (API)
Application programming interface (API) for use in building software applications
Software, Downloadable applications for use with mobile devices, in relation to the following services: advertising of goods and services
Software for collecting and analyzing data from mobile applications
Software, Downloadable applications for use with mobile devices, in relation to the following services, Professional business consulting, namely, Providing marketing strategy, information and guidance
Software, Downloadable applications for use with mobile devices, in relation to the following services, Connecting social network users with businesses
Software, Downloadable applications for use with mobile devices, in relation to the following services, assimilating data for use in advertising.
The mark was filed in class 35 with following description of goods:
The bringing together, of a variety of goods, for the benefit of others (goods included in class 5), Except for the transportation thereof, Namely of: Nutritional supplements, anti-oxidant food supplements, Protein dietary supplements, Medical nutritional supplements, food supplements for sportsmen, Enzyme dietary supplements, Pollen dietary supplements, Folic acid dietary supplements, Coenzyme Q10 dietary supplements, food supplements in liquid form, Glucose dietary supplements, Yeast dietary supplements, Propolis dietary supplements, Mineral food supplements, Linseed oil dietary supplements, DHA algae oil dietary supplements, Fitness and endurance supplements, Health-aid foods supplement containing red ginseng, food supplements for persons with special dietetic needs, Health food supplements made principally of minerals, Lecithin dietary supplements, Calcium supplements, plant-based supplements, Zinc dietary supplements, Nutritional supplements made of starch adapted for medical purposes, Homeopathic supplements, Nutritional supplements, drink products dietary supplements, Liquid nutritional supplements, Vitamin and mineral supplements, Vitamin supplements, dietary supplements for medical use, Nutritional supplement food bars, vitamin preparations in the nature of food supplements, Powdered nutritional supplement drink mix, Herbal dietary supplements for persons with special dietary requirements, dietary supplements for humans not for medical purposes, Powdered fruit-flavored dietary supplement drink mix, Dietary supplement drink mixes, Mineral nutritional supplements, dietary and nutritional supplements Enabling customers to conveniently view and purchase those goods via stores, Via mail-order catalogues, By electronic means, through web sites
Retail and wholesale services in relation to (goods included in class 5) Namely of: Nutritional supplements, anti-oxidant food supplements, Protein dietary supplements, Medical nutritional supplements, food supplements for sportsmen, Enzyme dietary supplements, Pollen dietary supplements, Folic acid dietary supplements, Coenzyme Q10 dietary supplements, food supplements in liquid form, Glucose dietary supplements, Yeast dietary supplements, Propolis dietary supplements, Mineral food supplements, Linseed oil dietary supplements, DHA algae oil dietary supplements, Fitness and endurance supplements, Health-aid foods supplement containing red ginseng, food supplements for persons with special dietetic needs, Health food supplements made principally of minerals, Lecithin dietary supplements, Calcium supplements, plant-based supplements, Zinc dietary supplements, Nutritional supplements made of starch adapted for medical purposes, Homeopathic supplements, Nutritional supplements, drink products dietary supplements, Liquid nutritional supplements, Vitamin and mineral supplements, Vitamin supplements, dietary supplements for medical use, Nutritional supplement food bars, vitamin preparations in the nature of food supplements, Powdered nutritional supplement drink mix, Herbal dietary supplements for persons with special dietary requirements, dietary supplements for humans not for medical purposes, Powdered fruit-flavored dietary supplement drink mix, Dietary supplement drink mixes, Mineral nutritional supplements, dietary and nutritional supplements
Online retail services in relation to: Goods relating to supplements (goods included in class 5) Namely of in relation to the following goods: Nutritional supplements, anti-oxidant food supplements, Protein dietary supplements, Medical nutritional supplements, food supplements for sportsmen, Enzyme dietary supplements, Pollen dietary supplements, Folic acid dietary supplements, Coenzyme Q10 dietary supplements, food supplements in liquid form, Glucose dietary supplements, Yeast dietary supplements, Propolis dietary supplements, Mineral food supplements, Linseed oil dietary supplements, DHA algae oil dietary supplements, Fitness and endurance supplements, Health-aid foods supplement containing red ginseng, food supplements for persons with special dietetic needs, Health food supplements made principally of minerals, Lecithin dietary supplements, Calcium supplements, plant-based supplements, Zinc dietary supplements, Nutritional supplements made of starch adapted for medical purposes, Homeopathic supplements, Nutritional supplements, drink products dietary supplements, Liquid nutritional supplements, Vitamin and mineral supplements, Vitamin supplements, dietary supplements for medical use, Nutritional supplement food bars, vitamin preparations in the nature of food supplements, Powdered nutritional supplement drink mix, Herbal dietary supplements for persons with special dietary requirements, dietary supplements for humans not for medical purposes, Powdered fruit-flavored dietary supplement drink mix, Dietary supplement drink mixes, Mineral nutritional supplements, dietary and nutritional supplements
Wholesaling and Retail sales services In shops and via global computer networks of bags in relation to the following goods: ments (goods included in class 5) Namely of, Nutritional supplements, anti-oxidant food supplements, Protein dietary supplements, Medical nutritional supplements, food supplements for sportsmen, Enzyme dietary supplements, Pollen dietary supplements, Folic acid dietary supplements, Coenzyme Q10 dietary supplements, food supplements in liquid form, Glucose dietary supplements, Yeast dietary supplements, Propolis dietary supplements, Mineral food supplements, Linseed oil dietary supplements, DHA algae oil dietary supplements, Fitness and endurance supplements, Health-aid foods supplement containing red ginseng, food supplements for persons with special dietetic needs, Health food supplements made principally of minerals, Lecithin dietary supplements, Calcium supplements, plant-based supplements, Zinc dietary supplements, Nutritional supplements made of starch adapted for medical purposes, Homeopathic supplements, Nutritional supplements, Dietary supplement drinks, Liquid nutritional supplements, Vitamin and mineral supplements, Vitamin supplements, dietary supplements for medical use, Nutritional supplement food bars, vitamin preparations in the nature of food supplements, Powdered nutritional supplement drink mix, Herbal dietary supplements for persons with special dietary requirements, dietary supplements for humans not for medical purposes, Powdered fruit-flavored dietary supplement drink mix, Dietary supplement drink mixes, Mineral nutritional supplements, dietary and nutritional supplements
Online retail stores in relation to the following goods: Goods relating to supplements (goods included in class 5) Namely of, Nutritional supplements, anti-oxidant food supplements, Protein dietary supplements, Medical nutritional supplements, food supplements for sportsmen, Enzyme dietary supplements, Pollen dietary supplements, Folic acid dietary supplements, Coenzyme Q10 dietary supplements, food supplements in liquid form, Glucose dietary supplements, Yeast dietary supplements, Propolis dietary supplements, Mineral food supplements, Linseed oil dietary supplements, DHA algae oil dietary supplements, Fitness and endurance supplements, Health-aid foods supplement containing red ginseng, food supplements for persons with special dietetic needs, Health food supplements made principally of minerals, Lecithin dietary supplements, Calcium supplements, plant-based supplements, Zinc dietary supplements, Nutritional supplements made of starch adapted for medical purposes, Homeopathic supplements, Nutritional supplements, drink products dietary supplements, Liquid nutritional supplements, Vitamin and mineral supplements, Vitamin supplements, dietary supplements for medical use, Nutritional supplement food bars, vitamin preparations in the nature of food supplements, Powdered nutritional supplement drink mix, Herbal dietary supplements for persons with special dietary requirements, dietary supplements for humans not for medical purposes, Powdered fruit-flavored dietary supplement drink mix, Dietary supplement drink mixes, Mineral nutritional supplements, dietary and nutritional supplements
Retail services and Wholesale services in relation to the following goods: Goods relating to supplements (goods included in class 5) Namely of, Nutritional supplements, anti-oxidant food supplements, Protein dietary supplements, Medical nutritional supplements, food supplements for sportsmen, Enzyme dietary supplements, Pollen dietary supplements, Folic acid dietary supplements, Coenzyme Q10 dietary supplements, food supplements in liquid form, Glucose dietary supplements, Yeast dietary supplements, Propolis dietary supplements, Mineral food supplements, Linseed oil dietary supplements, DHA algae oil dietary supplements, Fitness and endurance supplements, Health-aid foods supplement containing red ginseng, food supplements for persons with special dietetic needs, Health food supplements made principally of minerals, Lecithin dietary supplements, Calcium supplements, plant-based supplements, Zinc dietary supplements, Nutritional supplements made of starch adapted for medical purposes, Homeopathic supplements, Nutritional supplements, drink products dietary supplements, Liquid nutritional supplements, Vitamin and mineral supplements, Vitamin supplements, dietary supplements for medical use, Nutritional supplement food bars, vitamin preparations in the nature of food supplements, Powdered nutritional supplement drink mix, Herbal dietary supplements for persons with special dietary requirements, dietary supplements for humans not for medical purposes, Powdered fruit-flavored dietary supplement drink mix, Dietary supplement drink mixes, Mineral nutritional supplements, dietary and nutritional supplements
Business information services provided on-line from a computer database or the internet
Organization of commercial transactions for third parties via online shops
Business advice and information to consumers (consumer advice shops) in relation to the following goods: ments (goods included in class 5) Namely of, Nutritional supplements, anti-oxidant food supplements, Protein dietary supplements, Medical nutritional supplements, food supplements for sportsmen, Enzyme dietary supplements, Pollen dietary supplements, Folic acid dietary supplements, Coenzyme Q10 dietary supplements, food supplements in liquid form, Glucose dietary supplements, Yeast dietary supplements, Propolis dietary supplements, Mineral food supplements, Linseed oil dietary supplements, DHA algae oil dietary supplements, Fitness and endurance supplements, Health-aid foods supplement containing red ginseng, food supplements for persons with special dietetic needs, Health food supplements made principally of minerals, Lecithin dietary supplements, Calcium supplements, plant-based supplements, Zinc dietary supplements, Nutritional supplements made of starch adapted for medical purposes, Homeopathic supplements, Nutritional supplements, drink products dietary supplements, Liquid nutritional supplements, Vitamin and mineral supplements, Vitamin supplements, dietary supplements for medical use, Nutritional supplement food bars, vitamin preparations in the nature of food supplements, Powdered nutritional supplement drink mix, Herbal dietary supplements for persons with special dietary requirements, dietary supplements for humans not for medical purposes, Powdered fruit-flavored dietary supplement drink mix, Dietary supplement drink mixes, Mineral nutritional supplements, dietary and nutritional supplements, Information and advice in relation to the following services: Selection of goods to buy relating to supplements (goods included in class 5) Namely of, Nutritional supplements, anti-oxidant food supplements, Protein dietary supplements, Medical nutritional supplements, food supplements for sportsmen, Enzyme dietary supplements, Pollen dietary supplements, Folic acid dietary supplements, Coenzyme Q10 dietary supplements, food supplements in liquid form, Glucose dietary supplements, Yeast dietary supplements, Propolis dietary supplements, Mineral food supplements, Linseed oil dietary supplements, DHA algae oil dietary supplements, Fitness and endurance supplements, Health-aid foods supplement containing red ginseng, food supplements for persons with special dietetic needs, Health food supplements made principally of minerals, Lecithin dietary supplements, Calcium supplements, plant-based supplements, Zinc dietary supplements, Nutritional supplements made of starch adapted for medical purposes, Homeopathic supplements, Nutritional supplements, drink products dietary supplements, Liquid nutritional supplements, Vitamin and mineral supplements, Vitamin supplements, dietary supplements for medical use, Nutritional supplement food bars, vitamin preparations in the nature of food supplements, Powdered nutritional supplement drink mix, Herbal dietary supplements for persons with special dietary requirements, dietary supplements for humans not for medical purposes, Powdered fruit-flavored dietary supplement drink mix, Dietary supplement drink mixes, Mineral nutritional supplements, dietary and nutritional supplements
Advertising, business management and business administration, Office functions
On-line advertising and marketing services
Advertising, in particular initiation and organisation of business contacts
Online advertising of the goods and services of others
Advertising and marketing for others, Namely of, hosting and display of advertisements and promotions of others
Providing and rental of advertising space on the internet
Providing marketing consulting in the field of social media
Promoting the goods and services of others through targeted advertising, marketing and soliciting
Promoting the goods and services of others over the Internet
Customer loyalty services for commercial, promotional and/or advertising purposes
Mediation of agreements regarding the sale and purchase of goods
Advertising and marketing services provided by means of indirect methods of marketing communications, namely, social media
Collection, reporting, analysis and integration of data related to the way users engage and interact with websites, mobile applications and marketing campaigns
Business networking services
Online advertising network matching services for connecting social network users with commercial companies to websites
Providing business information in the field of social media
Arranging of commercial and business contacts
But none of the aforesaid services being in relation to pharmaceutical products or products for sexual health.
The mark was filed in class 42 with following description of goods:
Design and development of software in the field of mobile applications
Hosting of mobile applications
Application system testing consultancy
Development of application software for delivery of multimedia content
Hosting of interactive applications
Application service provider services
Providing temporary use of non-downloadable software applications accessible via a web site
Consulting in the field of cloud computing networks and applications
Application service provider [ASP], namely, hosting computer software applications of others
Advice and consultancy in relation to computer networking applications
Technical support services relating to computer software and applications
User authentication services using single sign-on technology for online software applications
Design of web pages
Website development services
Web portal design
Computer website design
Providing temporary use of on-line non-downloadable software for web site development
Planning, design, development and maintenance of online websites for third parties
Consultancy relating to the creation and design of websites for e-commerce
Hosting online web facilities for others for sharing online content
Hosting online web facilities for others for conducting interactive discussions
Design and development of software for website development
Design and construction of homepages and websites
Design and updating of home pages and web pages
Creating and maintaining websites for cellular phones
Consultancy relating to the creation and design of websites
Programming of software for website development
Providing temporary use of non-downloadable software for social networking and sharing and consuming media on the internet
Application service provider [ASP] featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, linking, sharing or otherwise providing of electronic media or information over communication networks
Enabling the temporary use of non-downloadable social networking software applications for creating a virtual community and transferring sound, video, music, photographic images, text, graphics and data
Providing of a website featuring technology that enables users to upload and share videos, music, photos, text, graphics and data
Maintenance of blogs
Creating an online community for users to engage in social networking
Developing software for providing an online community where users can share information, photos, music, audio and video content, receive feedback from other users, form virtual communities and participate in social networks
Providing of non-downloadable online software that includes application programming interfaces (APIs) for use by applications and platforms belonging to others for creating, managing and operating online customer support communities, storing data, searching, retrieving, monitoring and analysing data from online social media and online social networks
Providing of non-downloadable online software for accessing online social networking websites and online data sources containing social networking information, including photos, images, videos, audio content, and text-based information of general interest to social networks
Providing non-downloadable software and online software applications for managing multiple social media accounts
Providing non-downloadable software and online software applications for facilitation of communication, data transmission, and accessing, sending, managing, and receiving information and content on a global computer network
Providing non-downloadable software that enables users to engage in social networking, via a website
Provision of non-downloadable software through a website
Providing non-downloadable software and online software applications for social networking
Providing non-downloadable software and online software applications for accessing, browsing and searching online databases
Providing an interactive website, Such as, Providing of an online platform for facilitating communication between users
Providing non-downloadable software and online software applications for the creation and publication of blogs
Providing non-downloadable software and online software applications for creating, managing, and interacting with an online community
Providing non-downloadable software and online software applications for connecting social network users with businesses
Providing temporary non-downloadable software for accessing, browsing, viewing, uploading, sending, receiving, sharing, and communicating information in the fields of general interest, social networking, news, current events and blogging via secure networks, private networks, global computer networks, and the Internet
Application service provider (ASP) featuring software for connecting social network users with businesses
Providing non-downloadable software and online software applications to facilitate online advertising and business promotion by connecting social network users with businesses for the purpose of matching consumers with providers of goods and services
Application service provider [ASP] services featuring software for facilitating communication, data transmission, and accessing, sending, managing and receiving information and content on a global computer network.