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EUTM file information

018858905

Vital

April 4, 2023

Trademark Summary

The trademark Vital was filed by Vital Health Foods (Pty) Ltd, a corporation established under the laws of the Republic of South Africa (the "Applicant"). The application was published for oppositions on May 16, 2023, and received undefined oppositions.

Opposition Proceedings

There are undefined oppositions were filed:

  • The first opposition filed on August 16, 2023 by PETER THOMAS ROTH LABS, LLC on Likelihood of confusion. the opponent was represented by JAK FRANCE and its proceedings were handled in English
  • The second opposition filed on August 10, 2023 by GIE SESAM VITALE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by ALAIN BENSOUSSAN SELAS and its proceedings were handled in French
  • The third opposition filed on August 9, 2023 by FANTRONE HOLDINGS LIMITED on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by RIGAS, ATHANASIOS and its proceedings were handled in English
  • The fourth opposition filed on July 27, 2023 by JADRAN-GALENSKI LABORATORIJ d.d. on Likelihood of confusion. the opponent was represented by MILOJEVIC, SEKULIC & ASSOCIATES, S.L. and its proceedings were handled in English

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

The Refusal with reference B 018858905 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on March 12, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 5 with Material for stopping teeth, dental wax and disinfectants..
  • The mark was filed in class 29 with following description of goods:
    1. Meat, fish, poultry and game
    2. Meat extracts
    3. Preserved, frozen, dried and cooked fruits and vegetables
    4. Vegetable chips
    5. Processed nuts
    6. Roasted nuts
    7. Dried nuts
    8. Flavoured nuts
    9. Nut and seed-based snack bars
    10. Fruit and nut-based snack bars
    11. Jellies, jams, compotes
    12. Eggs
    13. Milk, cheese, butter, yoghurt and other milk products
    14. Yoghurt drinks
    15. Drinking yoghurts
    16. Yoghurt-based beverages.
  • The mark was filed in class 30 with following description of goods:
    1. Coffee, tea, cocoa and substitutes therefor
    2. Rice, pasta and noodles
    3. Tapioca and sago
    4. Flour and preparations made from cereals
    5. Muesli
    6. Cereal-based snack bars
    7. Snack bars containing a mixture of grains
    8. Rice cakes
    9. Corn cakes
    10. Multigrain cakes
    11. Rice chips
    12. Corn chips
    13. Pastries and confectionery
    14. Chocolate
    15. Snack bars containing a mixture of grains, nuts and dried fruits [confectionery]
    16. Coated nuts [confectionery]
    17. Ice cream, sorbets and other edible ices
    18. Sugar, honey, treacle
    19. Molasses
    20. Yeast, baking-powder
    21. Salt, seasonings, spices, preserved herbs
    22. Vinegar, sauces and other condiments
    23. Soy sauce
    24. Soya sauce
    25. Stir fry sauce
    26. Ice (frozen water).