The trademark Food Dynamics was filed by Food Dynamics GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 24, 2023, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on August 24, 2023 by L''ASTEMIA PENTITA S.r.l. on Likelihood of confusion. the opponent was represented by BUZZI, NOTARO & ANTONIELLI D'OULX and its proceedings were handled in English The second opposition filed on August 17, 2023 by Zweirad-Center Stadler GmbH on Likelihood of confusion. the opponent was represented by GLÜCK KRITZENBERGER PATENTANWÄLTE PARTGMBB and its proceedings were handled in German
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 003201858 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 14, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Herbal supplements
Albuminous foodstuffs for medical purposes
Whey protein dietary supplements
Dietary supplements and dietetic preparations
Protein powder dietary supplements
Protein dietary supplements.
The mark was filed in class 8 with Cutlery, kitchen knives, and cutting implements for kitchen use and Spoons..
The mark was filed in class 9 with following description of goods:
Downloadable and recorded content
Web application and server software
Software
Software and applications for mobile devices
E-commerce and e-payment software
Software for operating an online shop
Software for evaluating customer behaviour in online shops
Mobile apps
Data processing equipment and accessories (electrical and mechanical)
Cell phone covers
Laptop covers.
The mark was filed in class 11 with following description of goods:
Cooking, heating, cooling and preservation equipment, for food and beverages
Electric rotisseries
Electric woks
Electric sandwich toasters
Electric tea makers
Tea kettles [electric]
Electric toasters
Waffle irons, electric
Kitchen machines (Electric -) for cooking
Cooking utensils, electric
Electrical cooking apparatus
Electric vegetable steamer
Electric broilers
Electric domestic cooking appliances
Food steamers, electric
Steam cookers
Bread-making machines.
The mark was filed in class 14 with Key rings and key chains, and charms therefor.
The mark was filed in class 16 with following description of goods:
Printed matter, and stationery and educational supplies
Printed books, magazines, newspapers, and other paper-based media
Writing and stamping implements
Office requisites, except furniture
Colouring books
Writing materials
Writing instruments
Pen and pencil holders
Pens.
The mark was filed in class 18 with following description of goods:
Luggage, bags, wallets and other carriers
Umbrellas and parasols
Pocket wallets
Trunks and suitcases
Rucksacks
Key cases
Bags.
The mark was filed in class 21 with following description of goods:
Tableware, cookware and containers
Foil food containers
Glass storage jars
Household containers
Canister sets
Containers for household or kitchen use
Plastic bowls [household containers]
Lunch boxes
Food storage containers
Storage tins
Glasses, drinking vessels and barware
Household or kitchen utensils.
The mark was filed in class 24 with Linens and Kitchen and table linens..
The mark was filed in class 28 with Toys, games, and playthings.
The mark was filed in class 29 with following description of goods:
Dairy products and dairy substitutes
Processed fruits, fungi, vegetables, nuts and pulses
Seaweed extracts for food
Algae prepared for human foods
Dried edible algae
Fruit-based meal replacement bars
Fruit-based snack food
Fruit chips
Nut-based snack foods
Nut-based meal replacement bars
Nut-based food bars
Snack mixes consisting of dehydrated fruit and processed nuts
Snack mixes consisting of processed fruits and processed nuts
Fruit- and nut-based snack bars
Vegetable-based snack food
Milk-based snacks
Cheese-based snack foods
Dried fruit-based snacks
Fish-based snack food
Meat-based snack food
Tofu-based snacks
Snack foods based on legumes
Potato-based snack foods
Snack foods based on nuts
Snacks of edible seaweed
Potato snacks
Jellies, jams, compotes, fruit and vegetable spreads
Meat and meat products
Fish, seafood and molluscs, not live
Soups and stocks, meat extracts
Prepared insects and larvae
Prepared meals made from meat [meat predominating]
Vegetable-based prepared meals for toddlers
Prepared meals containing [principally] eggs
Prepared dishes consisting principally of meat
Prepared meals consisting principally of vegetables
Prepared meals consisting substantially of seafood
Prepared meals consisting primarily of fish
Frozen meals consisting primarily of fish
Frozen meals consisting primarily of meat
Prepared meals consisting primarily of meat substitutes
Prepared salads
Prepared meat
Meat substitutes
Vegetable-based meat substitutes
Formed textured vegetable protein for use as a meat substitute
Soya [prepared]
Soya milk
Soy-based snack foods
Tofu
Processed roots
Fish substitutes
Prepared meals made from fish substitutes.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Foodstuffs containing cocoa [as the main constituent]
Foods with a cocoa base
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Cereal bars and energy bars
Muesli desserts
Cereals
Preparations made from cereals
Food preparations based on grains
Processed cereals for food for human consumption
Breakfast cereals, porridge and grits
Oat flakes
Breakfast cereals
Corn flakes
Chips [cereal products]
Breakfast cereals made of rice
Muesli
Snack food products consisting of cereal products
Snack foods consisting principally of extruded cereals
Snacks manufactured from muesli
Cereal-based snack food
Rice-based snack food
Cereal-based snack food
Muesli consisting predominantly of cereals
Sugarless sweets
Ice creams, frozen yogurts, and sorbets
Salts, seasonings, flavourings and condiments
Baked goods, confectionery, chocolate and desserts
Bread
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Salted biscuits
Rice-based prepared meals
Prepared meals containing [principally] pasta
Noodle-based prepared meals for toddlers
Pastries consisting of vegetables and fish
Meals consisting primarily of pasta
Rice based dishes
Cereal-based savoury snacks
Pizzas
Savory pastries
Seaweed [condiment].
The mark was filed in class 31 with following description of goods:
Agricultural and aquacultural crops, horticulture and forestry products
Agricultural produce (Unprocessed -)
Unprocessed aquacultural products
Unprocessed forestry products
Unprocessed horticultural products
Algae for human consumption
Unprocessed algae for human consumption
Fungi
Plants and their fresh produce
Fresh fruit, nuts, vegetables and herbs
Malts and unprocessed cereals
Natural edible plants [unprocessed]
Roots for animal consumption
Berries, fresh.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Non-alcoholic preparations for making beverages
Beer and non-alcoholic beer
Protein drinks
Nut and soy based beverages.
The mark was filed in class 33 with Alcoholic beverages (except beer).
The mark was filed in class 35 with following description of goods:
Retail services relating to food
Retail services connected with the sale of subscription boxes containing food
Retail services in relation to protein [raw material]
Retail services in relation to protein for food for human consumption [raw material]
Retail services in relation to proteins for the food industry
Retail services in relation to protein for use in the manufacture of foodstuffs
Retail services in relation to proteins for use in the manufacture of food supplements
Retail services in relation to proteins for use in the manufacture of beverages
Retail services in relation to dietary supplements
Retail services in relation to dietary supplements and dietetic preparations
Retail services in relation to cutlery, kitchen knives, and cutting implements for kitchen use
Retail services in relation to downloadable and recorded content
Retail services in relation to web application and server software
Retail services in relation to software
Retail services in relation to mobile apps
Retail services in relation to data processing equipment and accessories (electrical and mechanical)
Retail services in relation to cell phone covers
Retail services in relation to laptop covers
Retail services in relation to cooking, heating, cooling and preservation equipment, for food and beverages
Retail services in relation to key rings and key chains, and charms therefor
Retail services in relation to printed matter, and stationery and educational supplies
Retail services in relation to luggage, bags, wallets and other carriers
Retail services in relation to umbrellas and parasols
Retail services in relation to tableware, cookware and containers
Retail services in relation to glasses, drinking vessels and barware
Retail services in relation to household or kitchen utensils
Retail services in relation to linens
Retail services in relation to kitchen and table linens
Retail services in relation to toys, games, and playthings
Retail services in relation to dairy products and dairy substitutes
Retail services in relation to processed fruits, fungi, vegetables, nuts and pulses
Retail services in relation to snack mixes consisting of dehydrated fruit and processed nuts
Retail services in relation to snack mixes consisting of processed fruits and processed nuts
Retail services in relation to jellies, jams, compotes, fruit and vegetable spreads
Retail services in relation to meat and meat products
Retail services in relation to fish, seafood and molluscs, not live
Retail services in relation to soups and stocks, meat extracts
Retail services in relation to prepared insects and larvae
Retail services in relation to prepared salads
Retail services in relation to meat substitutes
Retail services in relation to fish substitutes
Retail services in relation to processed roots
Retail services in relation to tofu
Retail services in relation to coffee, teas and cocoa and substitutes therefor
Retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Retail services in relation to cereal bars and energy bars
Retail services in relation to cereals
Retail services in relation to food preparations based on grains
Retail services in relation to breakfast cereals, porridge and grits
Retail services in relation to sugarless sweets
Retail services in relation to ice creams, frozen yogurts, and sorbets
Retail services in relation to salts, seasonings, flavourings and condiments
Retailing in relation to pastries and confectionery, chocolate and desserts
Retail services in relation to agricultural and aquacultural crops, horticulture and forestry products
Retail services in relation to fungi
Retail services in relation to plants and their fresh produce
Retail services in relation to fresh fruit, nuts, vegetables and herbs
Retail services in relation to non-alcoholic beverages
Retail services in relation to non-alcoholic preparations for making beverages
Retail services in relation to beer and non-alcoholic beer
Retail services in relation to alcoholic beverages (except beer)
Retail services via global computer networks related to foodstuffs
Online retail services in relation to protein [raw material]
Online retail services in relation to protein for food for human consumption [raw material]
Online retail services in relation to proteins for the food industry
Online retail services in relation to protein for use in the manufacture of foodstuffs
Online retail services in relation to proteins for use in the manufacture of food supplements
Online retail services in relation to proteins for use in the manufacture of beverages
Online retail services in relation to nutritional supplements
Online retail services in relation to dietary supplements and dietetic preparations
Online retail services in relation to cutlery, kitchen knives, and cutting implements for kitchen use
Online retail services in relation to downloadable and recorded content
Online retail services in relation to web application and server software
Online retail services in relation to software
Online retail services in relation to mobile apps
Online retail services in relation to data processing equipment and accessories (electrical and mechanical)
Online retail services in relation to cell phone covers
Online retail services in relation to laptop covers
Online retail services in relation to cooking, heating, cooling and preservation equipment, for food and beverages
Online retail services in relation to key rings and key chains, and charms therefor
Online retail services in relation to printed matter, and stationery and educational supplies
Online retail services in relation to luggage, bags, wallets and other carriers
Online retail services in relation to umbrellas and parasols
Online retail services in relation to tableware, cookware and containers
Online retail services in relation to glasses, drinking vessels and barware
Online retail services in relation to household or kitchen utensils
Online retail services in relation to linens
Online retail services in relation to kitchen and table linens
Online retail services in relation to toys, games, and playthings
Online retail services in relation to dairy products and dairy substitutes
Online retail services in relation to processed fruits, fungi, vegetables, nuts and pulses
Online retail services in relation to snack mixes consisting of dehydrated fruit and processed nuts
Online retail services in relation to snack mixes consisting of processed fruits and processed nuts
Online retail services in relation to jellies, jams, compotes, fruit and vegetable spreads
Online retail services in relation to meat and meat products
Online retail services in relation to fish, seafood and molluscs, not live
Online retail services in relation to soups and stocks, meat extracts
Online retail services in relation to prepared insects and larvae
Online retail services in relation to prepared salads
Online retail services in relation to meat substitutes
Online retail services in relation to fish substitutes
Online retail services in relation to processed roots
Online retail services in relation to tofu
Online retail services in relation to coffee, teas and cocoa and substitutes therefor
Online retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Online retail services in relation to cereal bars and energy bars
Online retail services in relation to cereals
Online retail services in relation to food preparations based on grains
Online retail services in relation to breakfast cereals, porridge and grits
Online retail services in relation to sugarless sweets
Online retail services in relation to ice creams, frozen yogurts, and sorbets
Online retail services in relation to salts, seasonings, flavourings and condiments
Online retailing in relation to pastries and confectionery, chocolate and desserts
Online retail services in relation to agricultural and aquacultural crops, horticulture and forestry products
Online retail services in relation to fungi
Online retail services in relation to plants and their fresh produce
Online retail services in relation to fresh fruit, nuts, vegetables and herbs
Online retail services in relation to non-alcoholic beverages
Online retail services in relation to non-alcoholic preparations for making beverages
Online retail services in relation to beer and non-alcoholic beer
Online retail services in relation to alcoholic beverages (except beer)
Wholesale services in relation to protein [raw material]
Wholesale services in relation to protein for food for human consumption [raw material]
Wholesale services in relation to proteins for the food industry
Wholesale services in relation to protein for use in the manufacture of foodstuffs
Wholesale services in relation to proteins for use in the manufacture of food supplements
Wholesale services in relation to proteins for use in the manufacture of beverages
Wholesale services in relation to dietary supplements
Wholesale services in relation to dietary supplements and dietetic preparations
Wholesale services in relation to cutlery, kitchen knives, and cutting implements for kitchen use
Wholesale services in relation to downloadable and recorded content
Wholesale services in relation to web application and server software
Wholesale services in relation to software
Wholesale services in relation to mobile apps
Wholesale services in relation to data processing equipment and accessories (electrical and mechanical)
Wholesale services in relation to cell phone covers
Wholesale services in relation to laptop covers
Wholesale services in relation to cooking, heating, cooling and preservation equipment, for food and beverages
Wholesale services in relation to key rings and key chains, and charms therefor
Wholesale services in relation to printed matter, and stationery and educational supplies
Wholesale services in relation to luggage, bags, wallets and other carriers
Wholesale services in relation to umbrellas and parasols
Wholesale services in relation to tableware, cookware and containers
Wholesale services in relation to glasses, drinking vessels and barware
Wholesale services in relation to household or kitchen utensils
Wholesale services in relation to linens
Wholesale services in relation to kitchen and table linens
Wholesale services in relation to toys, games, and playthings
Wholesale services in relation to dairy products and dairy substitutes
Wholesale services in relation to processed fruits, fungi, vegetables, nuts and pulses
Wholesale services in relation to snack mixes consisting of dehydrated fruit and processed nuts
Wholesale services in relation to snack mixes consisting of processed fruits and processed nuts
Wholesale services in relation to jellies, jams, compotes, fruit and vegetable spreads
Wholesale services in relation to meat and meat products
Wholesale services in relation to fish, seafood and molluscs, not live
Wholesale services in relation to soups and stocks, meat extracts
Wholesale services in relation to prepared insects and larvae
Wholesale services in relation to prepared salads
Wholesale services in relation to meat substitutes
Wholesale services in relation to fish substitutes
Wholesale services in relation to processed roots
Wholesale services in relation to tofu
Wholesale services in relation to coffee, teas and cocoa and substitutes therefor
Wholesale services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Wholesale services in relation to cereal bars and energy bars
Wholesale services in relation to cereals
Wholesale services in relation to food preparations based on grains
Wholesale services in relation to breakfast cereals, porridge and grits
Wholesale services in relation to sugarless sweets
Wholesale services in relation to ice creams, frozen yogurts, and sorbets
Wholesale services in relation to salts, seasonings, flavourings and condiments
Wholesale services in relation to: Baked goods, confectionery, chocolate and desserts
Wholesale services in relation to agricultural and aquacultural crops, horticulture and forestry products
Wholesale services in relation to fungi
Wholesale services in relation to plants and their fresh produce
Wholesale services in relation to fresh fruit, nuts, vegetables and herbs
Wholesale services in relation to non-alcoholic beverages
Wholesale services in relation to non-alcoholic preparations for making beverages
Wholesale services in relation to beer and non-alcoholic beer
Wholesale services in relation to alcoholic beverages (except beer)
Business assistance, management and administrative services
Business consultancy and advisory services
Business inquiries
Assistance with business planning
Business networking services
Business services relating to the establishment of businesses
Business strategy services
Business advice relating to franchising
Advisory services (Business -) relating to the establishment of franchises
Business advisory services relating to the establishment and operation of franchises
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Assistance to management in commercial enterprises in respect of advertising
Human resources management and recruitment services
Business advice, inquiries or information
Providing advice relating to sales methods and techniques
Advertising, marketing and promotional services
Affiliate marketing
Influencer marketing
Digital marketing
Referral marketing
Development and implementation of marketing strategies for others
Market campaigns
Brand evaluation services
Brand creation services (advertising and promotion)
Development of marketing strategies and concepts
Brand positioning services
On-line advertising and marketing services
Trade promotional services
Advertising and marketing services provided by means of blogging
Advertising and marketing services provided via communications channels
Advertising and marketing services provided by means of social media
Sales promotion for others
Publicity and sales promotion services
Advertising, marketing and promotional consultancy, advisory and assistance services
Providing user reviews for commercial or advertising purposes
Provision and rental of advertising space, time and media
Distribution of advertising, marketing and promotional material
Product demonstrations and product display services
Loyalty, incentive and bonus program services
Public relations services.
The mark was filed in class 41 with following description of goods:
Educational instruction
Training
Entertainment services
Sporting and cultural activities
Conducting courses, seminars and workshops.
The mark was filed in class 42 with following description of goods:
Providing information in the field of product development
Providing information in the field of product design
Design and development of new products
Design and testing of new products
Product design and development
Research and development services
Research to develop new products
Research of foodstuffs.
The mark was filed in class 44 with Providing information relating to dietary and nutritional guidance and Dietary and nutritional advice..