The trademark LIFE NutriCare food people planet was filed by SMART EPIGENETX, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on September 28, 2022, and received one opposition filed on December 28, 2022 by NUTRICARE S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by AC&G Asesores legales 1998, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 28, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003186391 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 15, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Application software
Application development software
Software and applications for mobile devices
Downloadable application software
Mobile application software
Downloadable mobile applications
Educational mobile applications
Application software for cloud computing services
Computer software for application and database integration
Software applications for use with mobile devices
Application software for social networking services via internet
Downloadable mobile applications for the management of data
Downloadable mobile applications for the management of information
Downloadable mobile applications for the transmission of data
Web application and server software
Downloadable applications for use with mobile devices
Platform software.
The mark was filed in class 35 with following description of goods:
Advertising
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Compilation of statistics
Compilation of data
Data compilation for others
Compilation of information into computer databases
Compilation of statistical data relating to medical research
Compilation of statistics relating to health care utilization
Compilation of statistical data for use in scientific research
Data processing, systematisation and management
Compilation and systemization of information into computer databases
Compilation and input of information into computer databases
Data processing services in the field of healthcare
Business administration services in the field of healthcare.
The mark was filed in class 38 with following description of goods:
Provision of access to content, websites and portals
Providing access to platforms and portals on the Internet
Providing access to databases
Providing access to a global computer network for the transfer and dissemination of information
Transmission of messages, data and content via the Internet and other computer and communications networks
Providing access to Internet forums
Online communications services
Arranging access to a computer database
Audio, video and multimedia broadcasting via the Internet and other communications networks
Computer aided transmission of messages, information and images
Chat room services
Podcasting services
Communication services, namely, electronic transmission of data and documents among users of computers
Communication via virtual private networks
Data communication services
Digital transmission services
Wireless transfer of data via wireless application protocols
Provision of wireless application protocol services including those utilising a secure communications channel.
The mark was filed in class 42 with following description of goods:
Application service provider services
Application service provider (ASP)
Rental of application software
Programming of multimedia applications
Hosting of mobile applications
Hosting of multimedia applications
Hosting of interactive applications
Development of computer software application solutions
Advisory services relating to planning applications
Development and design of mobile applications
Leasing of single sign-on application software
Writing of computer programs for medical applications
Installation and customisation of computer applications software
Providing temporary use of web-based applications
Hosting of computerized data, files, applications and information
Information services relating to the application of computer networks
Information services relating to the application of computer systems
Technical consultancy relating to the application and use of computer software
Design and development of software in the field of mobile applications
User authentication services using single sign-on technology for online software applications
Providing temporary use of non-downloadable software applications accessible via a web site
Providing user authentication services using single sign-on technology for online software applications
Development of computer platforms
Platform as a service [PaaS]
Hosting platforms on the Internet
Programming of software for Internet platforms
Hosting of communication platforms on the internet
Platforms for artificial intelligence as software as a service [SaaS].