The trademark eleVitae was filed by ELEVITAE LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on June 15, 2023, and received one opposition filed on September 3, 2023 by VITAE HEALTH INNOVATION, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GARRETA I ASSOCIATS AGÈNCIA DE LA PROPIETAT INDUSTRIAL, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 3, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003202238 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 27, 2024 by the EUIPO. The Appeal with reference B R1490/2024-4 was Trade mark application allowed according to Article 8(1)(a) EUTMR with decision issued on February 5, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Food supplements for non-medical purposes
Nutritional supplements
Vitamin and mineral supplements
Dietary supplements for humans.
The mark was filed in class 30 with following description of goods:
Coffee drinks
Coffee mixtures
Coffee substitutes
Extracts of coffee for use as flavours in beverages
Herbal infusions
Herbal tea
Tea
Tea-based beverages
Tea substitutes
Coffee
Coffee-based beverages.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages flavoured with tea
Syrups for making fruit-flavored drinks
Syrups and other non-alcoholic preparations for making beverages.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Promoting the goods and services of others via computer and communication networks
Business intermediary and advisory services in the field of selling products and rendering services
Procurement of contracts for the purchase and sale of goods and services
Providing commercial information and advice for consumers in the choice of products and services
Promotional services
Providing consumer product information relating to food or drink products
Provision of an online marketplace for buyers and sellers of goods and services