The trademark ActivePets was filed by KAPAYA Handels GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 1, 2023, and received one opposition filed on June 1, 2023 by Desimo, Lda. on Likelihood of confusion. the opponent was represented by RCF - PROTECTING INNOVATION, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 1, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003196836 was refused according to Article 8(1)(b) EUTMR with decision issued on March 11, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Dental care preparations for animals
Animal grooming preparations
Cosmetics for animals
Shampoos for animals [non-medicated grooming preparations]
Shampoos for pets [non-medicated grooming preparations]
Cleaning preparations for use in livestock farming
Preparations and products for fur care
Non-medicated paw balms for pets
Conditioning sprays for animals
Non-medicated mouth washes for pets
Skin care products for animals
Odour fresheners for animals
Deodorants for animals
Deodorants for pets
Bath preparations for animals
Breath fresheners for animals.
The mark was filed in class 5 with following description of goods:
Vitamin supplements for animals
Vitamin and mineral supplements for pets
Vitamins for animals
Vitamins for pets
Food supplements for veterinary use
Probiotic bacterial formulations for veterinary use
Neutraceutical preparations for animals
Nutritional supplements for livestock feed
Mineral supplements for feeding livestock
Mineral dietary supplements for animals
Medicated animal feed
Medical foodstuff additives for veterinary use
Dietary pet supplements in the form of pet treats
Fodder supplements for veterinary purposes
Complementary feed
Dietetic animal foodstuffs for medical purposes
Dietetic food adapted for veterinary use
Dietary supplements for pets
Dietetic substances adapted for veterinary use.
The mark was filed in class 31 with following description of goods:
Wheat proteins for animal food
Wheat germ for animal consumption
Bird seed
Bird food
Salt for cattle
Fodder
Digestible chewing bones and bars for domestic animals
Maize (Processed -) for consumption by animals
Cat biscuits
Draff
Biscuits for animals
Animal feed preparations
Milk-based foodstuffs for animals
Foodstuffs containing phosphate for feeding animals
Animal foodstuffs in the form of nuts
Oat-based food for animals
Cereal based foodstuffs for animals
Sweet biscuits for consumption by animals
Straw
Poultry grit
Starch pulp [animal feed]
Soy sauce cakes [animal feed]
Soy bean meal [animal feed]
Cuttle bone for birds
Cuttle bone [for cage birds]
Meal for consumption by animals
Salt licks
Brine shrimp for fish food
Wildlife seed mixtures
Residues from malt treatment for use as an animal feed
Foods in the form of rings for feeding to cats
Foods in the form of rings for feeding to dogs
Foods containing beef for feeding dogs
Foods containing beef for feeding cats
Rice meal for forage
Rice bran [animal feed]
Rapeseed meal for animal consumption
Rape cake for cattle
Savory biscuits for animals
Oilseed meal for animals
Oil cake
Pet treats in the nature of bully sticks
Edible linseed, unprocessed
By-products of the processing of cereals, for animal consumption
Natural rice for use as animal fodder
Foodstuffs for pigs
Nutrients [foodstuffs] for fish
Foods containing chicken for feeding cats
Foods containing chicken for feeding dogs
Mineral salts for cattle
Powdered milk for puppies
Powdered milk for animals
Powdered milk for kittens
Powdered milk for pets
Milk substitutes for use as foodstuffs for animals
Milk for use as foodstuffs for animals
Milk for use as foodstuffs for dogs
Stall food for animals
Animal fattening preparations
Biscuits made from malt for animals
Malt extracts for consumption by animals
Malt albumin for animal consumption [other than for medical use]
Malt for animals
Maize cake for cattle
Maize for consumption by animals
Baled air-cured hay
Flax meal [fodder]
Linseed meal for animal consumption
Linseed for animal consumption
Preparations for egg laying poultry
Edible bird treats
Edible treats for animals
Edible horse treats
Cat treats [edible]
Dog treats [edible]
Edible pet treats
Synthetic animal feed
Artificial milk prepared for use as a feeding stuff for calves
Strengthening animal forage
Preserved crops for animal feeds
Bran mash for animal consumption
Biscuits for puppies
Chewing bones for dogs
Foods flavoured with beef for feeding cats
Foods flavoured with chicken for feeding cats
Foods flavoured with liver for feeding cats
Canned foodstuffs for cats
Foods containing liver for feeding cats
Foodstuffs for cats based on or consisting of fish
Foodstuffs for cats
Rabbit food
Cuttlefish bones
Dog biscuits
Bones for dogs
Foods flavoured with beef for feeding dogs
Foods flavoured with liver for feeding dogs
Foods flavoured with chicken for feeding dogs
Cheese flavoured foodstuffs for dogs
Canned foodstuffs for dogs
Foods containing liver for feeding dogs
Pulses [foodstuffs for animals]
Foodstuffs for chickens
Animal foodstuffs containing hay
Hay
Yeast tablets for consumption by animals
Yeast extracts for consumption by animals
Yeast for animal consumption
Yeast for animal fodder
Pet foods in the form of chews
Hamster food
Processed oats for consumption by animals
Oatmeal for consumption by animals
Oat cakes for consumption by animals
Oat biscuits for consumption by animals
Oats for consumption by animals
Groats for poultry
Dried alfalfa for animals
Cereals products for consumption by animals
Cereals preparations being food for animals
Cereal cakes for animals
Biscuits made from cereals for animals
Processed cereals for consumption by animals
Beverages for cats
Beverages for canines
Beverages for pets
Mixed animal feed
Milled food products for animals
Straw [forage]
Food preparations for cats
Food preparations for dogs
Feeding preparations for bees
Formula animal feed
Animal foodstuffs in the form of pieces
Animal foodstuffs
Animal foodstuffs for the weaning of animals
Animal foodstuffs containing air-cured hay
Animal foodstuffs in the form of pellets
Foodstuffs for animals containing botanical extracts
Foodstuffs for animals on a milk basis
Foodstuffs for horses
Foodstuffs for poultry
Feeding substances for bees
Animal foodstuffs consisting of soya bean products
Meal for animals
Grains for animal consumption
Lime for animal forage
Mash for fattening livestock
Food for wild birds
Foodstuffs for puppies
Fodder for pigeons
Food for racing dogs
Fodder for parrots
Foodstuffs for domestic animals
Food for rodents
Foodstuffs for sheep
Foodstuffs for dairy animals
Foodstuffs for marine animals
Foodstuffs for calves
Foodstuffs for farm animals
Pet food
Food for goldfish
Food for aquarium fish
Fish meal for animal consumption
Canned fish for pets
Foodstuffs for fish
Edible silvervine powder for pet cats
Edible chews for dogs
Edible bones and sticks for pets
Digestible chewing bones for dogs
Edible chews for animals
Edible chewing products for domestic animals
Peanut cake for animals
Peanut meal for animals
Canned or preserved foods for animals
Canned foodstuffs consisting of meat for young animals