The trademark Medex NUTRITION was filed by "МЕДЕКС НУТРИШЪН" ООД, a corporation established under the laws of the Republic of Bulgaria (the "Applicant"). The application was published for oppositions on March 8, 2023, and received one opposition filed on May 8, 2023 by MEDEX TRADE, prodaja živilskih izdelkov, d.o.o. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Marn, Jure and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 8, 2023
The application was filed in Bulgarian, and Bulgarian 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 September 26, 2023.
Goods And Services
The mark was filed in class 5 with following description of goods:
Food supplements
Propolis dietary supplements
Medicated food supplements
Royal jelly dietary supplements
Liquid nutritional supplements
Pollen dietary supplements
Dietary and nutritional supplements
Nutritional supplements
Feed supplements for veterinary use
Dietary supplements and dietetic preparations
Food supplements for non-medical purposes
Dietary and nutritional preparations
Food for diabetics
Dietary supplements for animals
Nutraceuticals for use as a dietary supplement
Dietary supplements for humans not for medical purposes
Health food supplements for persons with special dietary requirements
Royal jelly for medical purposes
Tinctures for medical purposes
Elixirs for relieving chills
Elixirs for relieving asthma
Elixirs for preventing throat infections
Elixirs for preventing chills
Propolis for pharmaceutical purposes
Bee pollen for use as a dietary food supplement
Powdered nutritional supplement drink mix
Dietary supplements in powder form
Immunostimulants
Nasal decongestants
Decongestant capsules
Medicated nasal spray preparations
Decongestant nasal sprays
Medicinal sprays
Anti-inflammatory sprays
Anti-allergy sprays
Medicated throat sprays
Herbal sprays for medical use
Nasal sprays for medical purposes
Mouth sprays for medical use
Nasal spray for the treatment of allergies
Nasal drops for the treatment of allergies
Inhaled pharmaceutical preparations for the treatment of respiratory diseases and disorders
Anti-oxidants derived from honey
Vitamin drops
Nose drops for medical purposes
Vitamin tablets
Antioxidant pills
Allergy tablets
Cough tablets
Throat lozenges
Slimming pills
Herbal honey throat lozenges
Nutritional supplement food bars
Dietetic preparations for children
Ointments for pharmaceutical purposes
Medicinal ointments
Anti-inflammatory ointments
Liniments
Antiseptic ointments
Homeopathic anti-inflammatory ointments
Medicinal drinks
Medicated skin creams
Pharmaceutical creams
Medicated creams
Herbal creams for medical use
Mouthwashes for medical purposes
Babies' creams [medicated]
Skin care creams for medical use
Medicinal herbs
Medicinal herbs in dried or preserved form
Decoctions for pharmaceutical purposes.
The mark was filed in class 20 with following description of goods:
Sections of wood for beehives
Artificial honeycombs for beehives
Beehives.
The mark was filed in class 30 with following description of goods:
Honey
Natural honey
Herbal honey
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Royal jelly
Propolis for food purposes
Raw honeycombs
Cereal preparations coated with sugar and honey
Breakfast cereals containing honey
Herbal honey lozenges [confectionery]
Sweet spreads [honey]
Acid drops [confectionery]
Truffle honey
Biological honey for human consumption
Dried herbs
Preserved herbs
Candies (Non-medicated -) with honey
Sweets (Non-medicated -) being honey based
Sweetmeats [candy] containing fruit
Fruit confectionery
Cereal bars and energy bars
High-protein cereal bars
Cereal based energy bars
Seasonings
Tea
Coffee
Tea mix powders
Instant tea [other than for medicinal purposes]
Cocoa
Cocoa mixes
Cocoa products
Chocolate
Chocolate spreads for use on bread
Flavorings and seasonings.
The mark was filed in class 32 with following description of goods:
Isotonic beverages
Energy drinks
Non-alcoholic honey-based beverages
Non-alcoholic drinks enriched with vitamins and mineral salts
Non-alcoholic dried fruit beverages
Sports drinks
Protein drinks
Beverages containing vitamins
Carbonated non-alcoholic drinks
Still water
Nutritionally fortified water
Sports drinks containing electrolytes
Non-alcoholic soda beverages flavoured with tea
Organic fruit juice
Smoothies
Extracts for making beverages
Powders for the preparation of beverages
Dilutable preparations for making beverages
Non-alcoholic fruit extracts.
The mark was filed in class 35 with following description of goods:
Retail services in relation to dietary supplements
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services in relation to dietetic preparations
Wholesale services in relation to dietary supplements
Wholesale services in relation to dietetic preparations
Wholesale services in relation to foodstuffs
Retail services in relation to foodstuffs
Retail services in relation to food and beverage processing and preparation machines and apparatus
Wholesale services in relation to food and beverage processing and preparation machines and apparatus
Retail services in relation to non-alcoholic beverages
Wholesale services in relation to non-alcoholic beverages
Advertising
Advertising services relating to pharmaceutical products
Business management
Business management organisation
Mediation and conclusion of commercial transactions for others
Transportation fleet (business management of -) [for others]
Online advertising on a computer network
Advertising the goods and services of online vendors via a searchable online guide
On-line promotion of computer networks and websites
Online ordering services
Publication of publicity texts
Trade promotional services
Promotion, advertising and marketing of on-line websites
Advertising services for the promotion of e-commerce
Advertising via electronic media and specifically the internet
Arranging of presentations for business purposes
Planning and conducting of trade fairs, exhibitions and presentations for economic or advertising purposes
Commercial information services, via the internet
Computerised stock ordering
Administrative processing and organising of mail order services
Demonstration of goods
Product demonstrations and product display services
Provision of commercial information
Sales promotion
Providing consumer information relating to goods and services
Distribution of samples
Handbill distribution
Dissemination of advertisements
Dissemination of advertisements via the Internet
Distribution of products for advertising purposes
Dissemination of advertising material [leaflets, brochure and printed matter]
Advertisement and publicity services by television, radio, mail