The trademark B was filed by Atlas Invest B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on May 1, 2023, and received one opposition filed on July 27, 2023 by SUMOL + COMPAL MARCAS, S.A. on Likelihood of confusion. the opponent was represented by J.E. DIAS COSTA, LDA. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 27, 2023
The application was filed in Hungarian, and Hungarian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003200457 was rejected according to Article 8(1)(b) EUTMR with decision issued on September 11, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements for humans and animals
Mineral dietary supplements
Enzyme dietary supplements
Medicine cases, portable, filled
Protein dietary supplements
Nutritional supplements
Dietary supplements, food supplements, nutritional additives and vitamin preparations intended for human consumption
Protein enriched food supplements, Food supplements containing protein, Dietary supplements containing protein
Processed foods, containing protein, Derived from vegetable matter
Containing keratin, Derived from vegetable matter, Processed foods
Containing carnitine, Derived from vegetable matter, Processed foods
Containing vitamins, Derived from vegetable matter, Processed foods
Containing minerals, Derived from vegetable matter, Processed foods
Containing chondroitin, Derived from vegetable matter, Processed foods
Containing glucosamine, Derived from vegetable matter, Processed foods
Containing amino acids, Derived from vegetable matter, Processed foods.
The mark was filed in class 32 with following description of goods:
Soft drinks
Isotonic beverages
Smoothies
Non-alcoholic beverages containing protein
Non-alcoholic drinks containing creatine
Non-alcoholic drinks containing amino acids
Non-alcoholic drinks containing carnitine
Beverages containing vitamins
Protein-enriched sports beverages
Protein-based non-alcoholic beverages
Energy drinks
Energy drinks containing caffeine
Energy drinks [not for medical purposes]
Non-alcoholic ready to drink products
Isotonic beverages [not for medical purposes]
Sports drinks
Sports drinks containing electrolytes.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Demonstration of goods
Presentation of goods on communication media, for retail purposes
Distribution of samples
Supply services for external parties (procurement of goods and services on behalf of other organisations)
Organization of fashion shows for promotional purposes
Sales promotion for others
Advertising by mail order
Rental of advertising space
Publicity columns preparation
Website traffic supply optimisation
Import-export agency services
Commercial information and advice for consumers(consumer advice shop)
Provision of commercial and business contact information
Organization of exhibitions for commercial or advertising purposes
Organization of trade fairs for commercial or advertising purposes
Search engine optimisation
Public relations services
Business research
Marketing services
Commercial administration of the licensing of the goods and services of others
Outsourcing services (business assistance)
Cost price analysis
Pay per click advertising
Marketing research
Radio advertising
Updating of advertising material
Publicity material rental
Direct mail advertising
Dissemination of advertisements
Production of advertising films
Publication of publicity texts
Writing of publicity texts
Advertising agency services
News clipping services
Commercial or industrial management assistance
Business management assistance
Compilation of statistics
Outdoor advertising
Professional business consultancy
Drawing up of statements of accounts
Invoicing
Sponsorship search
Telemarketing services
Television advertising
Layout services for advertising purposes
Business information
Business management of sports people
Administrative processing of purchase orders
On-line advertising and marketing services
Online ordering services
Retail services in relation to: sport equipment, Sports equipment, sports supplements, Sporting goods, Sportswear, Clothing
Wholesale services in relation to: sport equipment, Sports equipment, sports supplements, Sporting goods, Sportswear, Clothing
Online trade, in relation to the following goods: sport equipment, Sports equipment, sports supplements, Sporting goods, Sportswear, Clothing
Advertising, in relation to the following goods: sport equipment, Sports equipment, sports supplements, Sporting goods, Sportswear, Clothing
Retail services in relation to: dietary supplements, Food supplements, Nutritional supplements, vitamins, Foodstuffs and beverages
Wholesale services in relation to: dietary supplements, Food supplements, Nutritional supplements, vitamins, Foodstuffs, beverages
On-line trading services in relation to the following goods: dietary supplements, Food supplements, Nutritional supplements, vitamins, Foodstuffs and beverages
Advertising in relation to the following goods: dietary supplements, Food supplements, Nutritional supplements, vitamins, Foodstuffs and beverages
Retail, Wholesale, Online trade and Advertising, in relation to the following goods: Food supplements for humans, Food supplements, Nutritional additives, Vitamin preparations
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Dietary supplements containing proteins, Food supplements with protein, protein nutritional supplements, Processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs)
Retail, wholesale, online trading services and advertising of dietary supplements, food supplements, nutritional supplements, processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs) containing keratin
Retail, wholesale, online trading services and advertising of dietary supplements, food supplements, nutritional supplements, processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs) containing carnitine
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Food nutritional supplements containing vitamins, Food supplements and Food additives with vitamins, Processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs)
Retail, wholesale, online trading services and advertising of dietary supplements, food supplements, nutritional supplements, processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs) containing minerals
Retail, wholesale, online trading services and advertising of dietary supplements, food supplements, nutritional supplements, processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs) containing chondroitin
Retail, wholesale, online trading services and advertising of dietary supplements, food supplements, nutritional supplements, processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs) containing glucosamine
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: dietary supplements consisting of amino acids, Food supplements with amino acids, nutritional supplements with amino acids, processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs)
Retail, wholesale, online trading services and advertising of food supplements, nutritional supplements, and dietary supplements for sportsmen
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Food supplements for weight management, Dietary supplements for weight management, nutritional supplements for weight management in powder, capsule, and tablet form
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Food supplements used for weight management, dietary supplements used for weight management, Bodyweight control nutritional supplements, In powder, capsule, and tablet form
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Muscle and weight gainer food supplements, muscle and weight gainer dietary supplements, Muscle and weight gainer nutritional supplements, In powder, capsule, and tablet form
Retail, wholesale, online trading services and advertising of weight gainer processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs)
Retail, wholesale, online trading services and advertising of processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs) used for weight management
Retail, wholesale, online trading services and advertising of muscle and weight gainer processed foods of plant origin, processed foods of animal origin (mainly meat, whey, eggs)
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: vitamins and Vitamin preparations, Vitamin preparations in the natureof food supplements
Retail, wholesale, online trading services and advertising of protein intended for sportsmen (not for medical purposes), creatine-based foodstuffs intended for sportsmen (not for medical purposes), carnitine-based foodstuffs intended for sportsmen (not for medical purposes)
Retail, wholesale, online trading services and advertising of vitamin-based foodstuffs intended for sportsmen (not for medical purposes) mineral-based foodstuffs intended for sportsmen (not for medical purposes), chondroitin-based foodstuffs intended for sportsmen (not for medical purposes), glucosamine-based foodstuffs intended for sportsmen (not for medical purposes), amino-acid-based foodstuffs intended for sportsmen (not for medical purposes)
Retailing, Wholesale services, On-line trading services and Advertising in relation to the following goods: Food supplements for nonmedical purposes, Food supplements not for medical purposes
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Peanut butter, Foodstuffs made from fish, Cocoa butter for food, Preparations for making soup, Soup, Milk-based beverages with protein, Milk based beverages, Coffee, tea, cocoa and artificial coffee, rice, Pasta, Noodles, Tapioca and Sago
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Flour and Other cereals, Bread, pastry and confectionery, Chocolate, Edible ices, sherbets and Other edible ices, Sugar, honey, treacle, yeast, baking powder, Edible salt, Flavors, Spices, Preserved herbs, Vinegar, Meal sauces and other spices, Ice (frozen water)
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Ice powders, Coffee-based beverages, High-protein cereal bars of plant origin, Pancakes, Artificial coffee, Puddings, Cake powder, Oat-based food, Chocolate bars enriched with protein, Energy bars, Carbohydrate preparations for foodstuffs, Carbohydrate-based processed food of plant origin
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: glucose for food, Bases for making milk shakes [flavourings], Non-alcoholic beverages, Isotonic beverages, Smoothies (fruit or vegetable drinks), non-alcoholic beverages containing protein, non-alcoholic drinks containing creatine, non-alcoholic drinks containing amino acids, non-alcoholic drinks containing carnitine
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Vitamin beverages, protein-enriched sports beverages, Protein-based non-alcoholic beverages, Energy beverages, Caffeine-containing energy beverages, Energy-drinks (not for medicinal use), non-alcoholic ready to drink products, Isotonic beverages [not for medical purposes]
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: sports drinks, sports drinks containing electrolytes, Household or kitchen utensils and containers, Candy boxes, Manual [cocktail shakers], Mugs, Drinking bottles for sports, Drinking glassware, Sugar bowls, drinking bottles, containers or Pill boxes for capsules and vitamins Not for medical purposes
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Pill boxes Not for medical purposes, Personal dispensers for pills or capsules for household purposes, serving scoops (household or kitchen utensil), All-purpose portable household containers, cocktail shakers, Pouring spouts, drink hampers, non-electric kitchen mixers, Water bottles [empty], Sports bottles sold empty, whisks Not electric
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Shaker bottles sold empty, Plastic bottles, Plastic funnels, nonâelectric food mixers, Non-electric food mixers (mixers), Bottles, glasses [drinking vessels], Bottles sold empty, Bicycle Water Bottles, Pouring spouts for kitchen use, Small jugs, Drinking flasks for travellers, Cleaning brushes for sports equipment
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Articles of clothing, Footwear, headgear, Underwear, bras, pajamas, Socks, Sports bras, undershirt, Thermal under garments, Leather clothes, Imitation leather clothing, inner soles, Fittings of metal for footwear, Non-slipping devices for shoes, Football shoes, Lace boots, Tips for footwear, Boots, Slippers
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: galoshes, Wellingtons, Ski boots, sport shoes, sports shoes Shoes for athletes, sandals, soles for footwear, Gymnastic shoes, Sports boots, Sneakers, cleats for attachment to sports shoes, sneakers, Boxing shoes, Leisure footwear, Shoes, Trousers, blanket coats overcoats, coats Heavy jackets
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Heavy jackets, sport coats, Puffer jackets (jackets), Sports jackets, outerwear, Bath robes, Bathing trunks swimming trunks, Shoes for swimming, Beach footwear, swim wear Swimsuits, swimming caps, Bath sandals, Beachwear, Shower caps, Swim trunks (bermudas)
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: swim wear (bathing suits), Girdles, Hosiery, Knitwear (clothing), Camisoles, Garters, Gaiter straps, Shirts, Short-sleeve shirts, Sweat-absorbent underclothing, Moisture-wicking sports pants, Moisture-wicking sports bras
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: moisture-wicking sports shirts, Anti-perspirant socks, Sweat bands for the head, sweat-absorbent socks, Sweat bands for the wrist, Perspiration-wicking underwear, Trousers for sweating, Dress shields, Spats, Leg warmers, Ear muffs (clothing), Fetlock boots, Arm warmers (clothing), knee warmers [clothing]
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Wrist warmers, Waist sashes Waist cinchers, caps [headwear], Cap peaks, Berets, baseball hats, sports caps, kerchiefs, Forehead sweatbands, caps with visors, Cyclists' clothing, Breeches for wear, Waterproof (impermeable) clothing, wetsuits for water-skiing, thermally insulated clothing
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: All-weather gear, Ready-made clothing, Wristbands [clothing], Ski gloves, Gloves for, tabards Dressing gowns, vests, Vests (Fishing -), Athletics vests, hand muffs Attire, Salopettes Working suits, body shapers, ties, Collar protectors, Scarves, shawls wraparounds, silk belts, Sashes for wear
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: leather belts, Belts (clothing), faux leather belts, Skorts (sport skirts), skirts, clothing for gymnastics, athletic pants, sweatpants for men, sweatpants for women, sweaters for men, sweaters for women, Sportswear, Sports pants, Sports tops (tops), Short-sleeve sports shirts, Sleeveless jerseys
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: sports shirts, Pantaloons, Boxing shorts, sweatpants, Long sleeved vests, hooded tops, Hoodie sweaters, Sweatshirts, Warm-up pants sweat pants, Warm-up pants Tracksuit pants
Retail, Wholesale, Online trade, Advertising, in relation to the following goods: Honey, Pullovers, Cotton shorts, Shorts (shorts), fabric shorts for men, fabric shorts for women, T-shirts, Short sleeved T-shirts, tank shirts, Casual coveralls (clothing, Casual tops (sweaters), lounge pants, Tracksuit tops, Sweatshirts.
The mark was filed in class 41 with following description of goods:
Life coaching (training)
Training or education services in the field of life coaching
Dietary education services
Teaching of diet education
Conducting classes in nutrition
Provision of instruction relating to nutrition
Education services relating to nutrition
Instruction in nutrition [not medical]
Providing of training in the field of health care and nutrition
Conducting training courses relating to nutrition online
Physical fitness consultation
Health club services [health and fitness training]
Health and fitness training
Education services relating to health
Education services relating to health
Instruction courses relating to health
Health club services [health and fitness training]
Providing health club and gymnasium services
Provision of educational health and fitness information.
The mark was filed in class 44 with following description of goods:
Lifestyle counseling and consultancy for medical purposes
Advice relating to the personal welfare of elderly people [health]
Weight reduction diet planning and supervision
Nutritional advice
Nutrition consultancy
Providing nutritional information about food
Nutritional advice
Provision of information relating to nutrition
Nutrition and dietetic consultancy
Dietary and nutritional advice
Dietary and nutritional advice
Professional consultancy relating to nutrition
Nutrition counseling
Providing information relating to dietary and nutritional guidance
Providing information relating to dietary and nutritional supplements
Providing information about dietary supplements and nutrition
Dietetic advisory services
Health assessment surveys
Health assessment services
Medical health assessment services
Providing health information
Health counselling
Professional consultancy relating to health
Consulting services relating to health care
Health advice and information services
Medical testing services, namely, fitness evaluation
Providing health care information via a global computer network.