EUTM file information

018855317

Vitall

March 28, 2023

Trademark Summary

The trademark Vitall was filed by SC VITALL SRL, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on October 15, 2023, and received one opposition filed on January 14, 2024 by SPAR Österreichische Warenhandels-Aktiengesellschaft on Likelihood of confusion. the opponent was represented by PRESSL ENDL HEINRICH BAMBERGER RECHTSANWÄLTE GMBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 14, 2024

The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).

The Refusal with reference B 018855317 was partially rejected according to Article 7(1)(m) EUTMR with decision issued on August 10, 2023 by the EUIPO. The Opposition with reference B 003209912 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 28, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 1 with Compost and Preparations for fertilizers..
  • The mark was filed in class 29 with following description of goods:
    1. Meat, Fowl and Game, not live, Meat extracts
    2. Eggs
    3. Meat, preserved.
  • The mark was filed in class 31 with following description of goods:
    1. Agricultural, horticultural and forestry grains not included in other classes
    2. Fresh fruits and vegetables, seeds, natural plants and flowers
    3. All the aforesaid goods, excluding the following goods: Products of the botanical genus Prunus
    4. Live animals
    5. Animal feed
    6. Feed for fattening livestock
    7. Pet food for birds
    8. By-products of the processing of cereals, For animal consumption, Fertilised eggs for hatching
    9. Preparations for egg laying poultry
    10. Fodder, forage, feed for birds
    11. Meal for animals
    12. Mash for fattening livestock.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising
    2. Business management
    3. Office functions
    4. The bringing together, for the benefit of others, of the following goods: Agricultural, horticultural and forestry products and grains, Live animals, fresh fruits and vegetables, Seeds, natural plants and flowers, foodstuffs for animals, Animal fattening preparations, Food for birds, By-products of the processing of cereals, for animal consumption, fertilised eggs for hatching, preparations for egg laying poultry, fodder, forage, feed for birds, Meal for animals, Animal fattening mash, Meat, Poultry and Game food, Meat extracts, Eggs, Meat extracts, Meat [preserved], Enabling customers to conveniently view and purchase those goods
    5. All the aforesaid services Through wholesale or retail shops, Via mail-order catalogues or By electronic means, Including via websites or By means of teleshopping programmes.