The trademark BM Beastmode Nutrition was filed by Beast Mode Nutrition B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on November 10, 2022, and received one opposition filed on February 8, 2023 by PM-International AG on Likelihood of confusion. the opponent was represented by RAU, SCHNECK & HÜBNER PATENTANWÄLTE RECHTSANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 8, 2023
The application was filed in Dutch, and Dutch 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:
Dietary supplements and dietetic preparations
Nutrition supplements, vitamin and mineral supplements intended for sportsmen
Nutritional drink mix for use as a meal replacement
Meal replacement powders
Nutritional supplement meal replacement bars for boosting energy
Vitamins and vitamin preparations
Edible nutritional supplements containing the following goods: proteins, Carbohydrates, Protein, Magnesium and Other similar ingredients.
The mark was filed in class 25 with following description of goods:
Sportswear
Sports shoes
Sports headgear [other than helmets]
Caps being headwear
Leisure suits and Casualwear
Shell suits
Sports socks.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Protectors and shock absorption pads to protect against injury in sports and exercise
Boxing gloves
Elasticated supports for the hands, namely hand wraps for use in boxing
Boxing gloves
Training gloves specifically for use in boxing
Crash pads, Namely sacks for boxing and Free-standing punching pads for use in boxing
Skipping ropes
Weight lifting belts [sports articles]
Weight lifting gloves.
The mark was filed in class 32 with following description of goods:
Powders for the preparation of beverages
Energy drinks containing caffeine
Beverages containing vitamins
Energy drinks
Protein- and mineral-enriched sports beverages
Milkshakes containing grains, Smoothies containing oats and Fruit smoothies
Beverages containing minerals, beverages containing maltodextrins or Beverages with carbohydrates
Isotonic sports beverages and hypertonic sports drinks.
The mark was filed in class 35 with following description of goods:
Advertising and Sales promotion, Also via social media
Dissemination of advertising and promotional materials
Business management
Business administration
Wholesaling and retailing, Also via an online shop, Via e-commerce platforms and websites, in relation to the following goods: Dietary supplements for athletes and Vitamin preparations for athletes, sports drinks, Sports nutrition, Including energy bars, Sportswear, sports footwear, Sports headgear, Magazines, Sporting articles for physical training
Collecting and systematising data in a database in relation to fulfilling orders for others.