The trademark VITAHARMONY was filed by VitaHarmony, s.r.o., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on October 8, 2023, and received one opposition filed on December 20, 2023 by Bunge Polska Sp. z o.o. on Likelihood of confusion. the opponent was represented by Affre i Wspólnicy Sp. K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 20, 2023
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Bleaching preparations
Substances for laundry use
Cleaning preparations
Polishing preparations
Abrasives
Degreasers, other than for use in manufacturing processes
Soap
Soap products
Handmade soap
Perfumery and fragrances
Essential oils and aromatic extracts
Oils for cosmetic purposes
Mineral oils [cosmetic]
Essential oils for household use
Skin care preparations
Eye care products, non-medicated
Nail care preparations
Dentifrices
Cosmetics
Natural cosmetics
Cosmetics for the use on the hair
Hair tonic
Cosmetic creams
Face creams for cosmetic use
Beauty lotions
Beauty milk
Skin care lotions [cosmetic]
After sun creams
Bath preparations
Non-medicated bath salts
Non-medicated bath oils
Massage creams, not medicated
Massage oils
Massage gels, other than for medical purposes
Cold creams for cosmetic use
Warming creams for cosmetic purposes
Toothpaste
Animal grooming preparations
Mineral water sprays for cosmetic purposes.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Veterinary preparations and substances
Pharmaceuticals, not for use in dental profession
Pharmaceutical drugs, not for use in dental profession
Medicinal healthcare preparations, not for use in dental profession
Natural remedies
Dietetic preparations adapted for medical use
Dietetic and nutritional preparations
Nutritional supplements
Anti-oxidant food supplements
Mineral dietary supplements
Mineral food preparations for medical purposes
Calcium supplements
Dietary supplements consisting primarily of magnesium
Zinc dietary supplements
Food esters for pharmaceutical purposes
Vitamins and vitamin preparations
Vitamin drinks
Medicinal drinks
Multi-vitamin preparations
Multi-vitamin preparations
Multi-vitamin drinks
Chlorella dietary supplements
Herbal supplements
Tisanes [medicated beverages]
Medicinal tea
Herbal detoxification agents
Extracts of medicinal herbs
Herbal creams for medical use
Herbal sprays for medical use
Extracts of medicinal plants
Syrups for pharmaceutical purposes
Brewer's yeast dietary supplements
Yeast for pharmaceutical purposes
Dietetic sweeteners for medical purposes
Baby vitamins
Dietary supplements for infants
Food for babies
Food preparations for babies and infants
Dietetic foods adapted for infants
Beverages for infants
Dietetic preparations for children
Probiotic supplements
Fish oil for medical purposes
Mineral waters for medical purposes
Medicated plasters
Vitamin supplement patches
Adhesive plasters
Heating patches for medical purposes
Transdermal patches
Sanitary preparations for medical purposes
Materials for dressings
Disinfectants
Vermin destroying preparations
Fungicides
Herbicides.
The mark was filed in class 29 with following description of goods:
Meat
Fish, not live
Poultry
Game, not live
Meat extracts
Meat gelatines
Fish jellies
Meat preserves
Fish, tinned
Eggs
Egg substitutes
Milk
Milk products
Drinks made from dairy products
Milk substitutes
Dried fruit
Cooked fruits
Fruit preserves
Bottled fruits
Vegetables, dried
Vegetables, preserved
Vegetables, cooked
Edible nuts
Shelled nuts
Processed nuts
Nuts, prepared
Pastes made from nuts
Seeds, prepared
Nut and seed-based snack bars
Processed chia seed for food
Processed pumpkin seeds
Nut-based food bars
Fruit-based meal replacement bars
Fruit-based meal replacement mixtures
Nut-based meal replacement bars
Nut-based meal replacement mixtures
Processed spirulina.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Tea mixtures
Tea essences
Tea-based beverages
Tea substitutes
Herbal teas
Preparations for making beverages [tea based]
Flavourings for beverages
Cocoa
Cocoa-based beverages
Cocoa substitutes
Artificial coffee
Sugar
Rice
Tapioca
Sago
Vegetable based coffee substitutes
Mixtures of coffee essences and coffee extracts
Flour
Processed cereals
Foodstuffs made from cereals
Food preparations based on grains
Bread and buns
Soft rolls [bread]
Bakery goods
Gluten-free bakery products
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Preparations for making bakery products
Rusks
Pies
Sweets
Lollipops
Ice cream
Honey
Molasses for food
Natural sweeteners
Sugar substitutes
Leaven
Yeast extracts for human consumption
Baking powder
Puddings in powder form
Salt
Mustard
Pepper
Vinegar
Fruit vinegar
Apple cider vinegar
Mustard vinegar
Savory sauces used as condiments
Seasonings
Brine for pickling
Brine for cooking
Vinaigrettes
Wafers
Edible paper wafers
Biscuits
Porridge
Cereal gruel
Sesame seeds [seasonings]
Cereal bars and energy bars
Muesli bars
Pasta
Chocolate
Chocolate-based spreads
Chocolate-based beverages
Cereal-based meal replacement bars
Cereal-based meal replacement mixtures
Green tea
Japanese green tea
Chicory extracts for use as substitutes for coffee.
The mark was filed in class 32 with following description of goods:
Syrups and other non-alcoholic preparations for making beverages
Vegetable drinks.
The mark was filed in class 35 with following description of goods:
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Wholesale services in relation to dietary supplements
Retail services in relation to dietary supplements
Advertising
Reprographic services
Commercial or industrial management assistance
Commercial intermediation services
Mediation of advertising, in relation to the following goods: bleaching preparations, laundry supplies, cleaners, Polishing agents, Grinding preparations, Degreasing preparations, other than for use in manufacturing processes, Soaps, Soap products, Handmade soaps, Perfumery and fragrances, perfume oils and Aromatic extracts, Oils for cosmetic purposes, Mineral oils, Cosmetics, Essential oils for household use, skin care preparations, Eye care products, non-medicated, Fingernail care preparations, Oral hygiene preparations, Cosmetology, Natural cosmetics, Cosmetics for use on the hair, Hair lotions, Beauty creams, Skin creams, Cosmetic lotions, Beauty milks, Skin care lotions [cosmetic], After-sun lotions, Bath preparations, Non-medicated bath salts, Non-medicated bath oils, Massage creams, not medicated, Massage oils, Massage gels other than for medical purposes, cold creams for cosmetic purposes, Warming creams for cosmetic purposes, Tooth pastes, Animal grooming preparations, Mineral water sprays for cosmetic purposes, Food supplements and dietetic substances, Veterinary preparations and substances, Pharmaceutical preparations, medicines, Medical preparations for healthcare, Natural remedies, Dietary substances Adapted for medical purposes, Dietetic and nutritional preparations, food supplements for medicated purposes, Antioxidant dietary supplements, Mineral nutritional supplements, Mineral food preparations for medical purposes, Calcium supplements, dietary supplements consisting primarily of magnesium, Zinc dietary supplements, Food esters for pharmaceutical purposes, Vitamins and vitamin preparations, Vitamin-fortified beverages, Medicinal beverages, multivitamins, Multivitamin preparations, Multi-vitamin drinks, Chlorella dietary supplements, herbal supplements, Herbal infusions, Medicinal beverages, medicinal tea, herbal detoxification agents, Extracts of medicinal herbs, Herbal creams For medicinal purposes, Herbal sprays for medical use, Extracts of medicinal plants, Syrups for pharmaceutical purposes, Beer yeast, Dietetic nutritional supplement, Ferments for pharmaceuticalpurposes, Dietary sweeteners For medicinal purposes, Baby vitamins, dietary supplements for infants, Foods for infants and for babies, Food preparations for babies and infants, Dietetic foods adapted for small children, beverages for infant, dietetic preparations for children, probiotic supplements, fish oil for medical purposes, Mineral water for medical use, Medicated plasters, Vitamin supplement patches, Plasters, Heating patches for medical purposes, transdermal patches, Sanitary preparations for medical purposes, Materials for dressings, Dental filling material, Impression materials, sanitizers, Vermin destroying preparations, Fungicides, herbicides, Meat, fish, poultry, game, meat extracts, Meat jelly, Fish jellies, Tinned meat, Fish canned, Eggs, egg substitutes, Milks, Milk products, Milk beverages, Milk substitutes, Dried fruit, Cooked fruit, Preserved fruits, Cooked fruits, fruit drinks, Dried vegetables, Preserved vegetables, Cooked vegetables, vegetable beverages, edible nuts, Peeled nuts, processed nuts, Prepared walnuts, Pastes made from nuts, Processed seeds, Sticks of nuts or seeds, Processed chia seeds, Processed pumpkin seeds, Nut bars, Fruit-based bars as meal replacements, fruit-based mixtures as meal replacements, Nut-based meal replacement bars, Nut-based meal replacement mixtures, Processed spirulina, Coffee, tea, Tea blends, Tea essences, Tea-based beverages, Tea substitute, tisanes (non-medicated), Tea-based preparations for making beverages, Flavouring for beverages, Cocoa, Beverages (cocoa-based), cocoa substitutes, Coffee substitute, Sugar, rice, tapioca, sago, Vegetable coffee substitutes, Mixtures of coffee essences and coffee extracts, Flour, processed cereals, Foodstuffs made from cereals, Food preparations based on grains, Bread and baked goods, Soft rolls [bread], Bakery goods, Gluten-free bakery products, Processed cereals, starches and products made therefrom, baked preparations and yeast, Mixtures for the preparation of bakery products, Biscotti, Sweets, Confectionery, candies, lollipops, Ices, honey, Syrups and treacle, Natural sweeteners, Sugar substitutes, Leaven, Yeast extracts for human consumption, Baking powders, Powdered puddings, Salt, pepper, mustard, Vinegar, Fruit vinegar, apple cider vinegar, Mustard vinegar, savoury sauces used as condiments, Spices, Brine for pickling, Brine for cooking, Salad dressing, Semiconductor wafer, edible paper wafers, Cookies, squash, Cereal porridge, sesame seeds [flavour additive], Cereal bars and energy bars, muesli bars, Pasta, Chocolate, Chocolate spread, Chocolate-based beverages, Cereal-based meal replacement bars, Cereal-based meal replacement mixtures, green tea, japanese green tea, Chicory extracts for use as substitutes for coffee, Mineral water, carbonated mineral water, Non-alcoholic drinks, carbonated non-alcoholic drinks, Fruit nectars, fruit drinks, Whey beverages, protein drinks, Powders for effervescing beverages, Pastilles for effervescing beverages, Vitamin enriched non-alcoholic beverages, Nonalcoholic fruit juice beverages, Non-alcoholic beverages containing vegetable juices, Non-alcoholic beverages based on honey, Cherries and alcohol-free beer, Flavoured beers, Beer wort, Non-alcoholic bitters, smoothies (non-alcoholic fruit cocktails), smoothies (mixed drinks made of fresh fruit or vegetables), Smoothies containing grains and oats, Non-alcoholic malt drinks, Syrups and other non-alcoholic preparations for making beverages.
The mark was filed in class 41 with following description of goods:
Training
Entertainment, education and instruction services
Entertainment, sporting and cultural activities
Arranging and conducting of entertainment events
Entertainment services in the nature of competitions
Issue of publications
Electronic publishing services
Publication of magazines
Publication and editing of printed matter
Education services relating to nutrition
Instruction in nutrition [not medical]
Provision of educational health and fitness information
The aforesaid services, in relation to the following fields: Healthcare, Health, nutrition, Dietary supplements
All related to the aforesaid goods in classes 3, 5, 29, 30, 32.
The mark was filed in class 44 with following description of goods:
Medical and healthcare services
Medical services
Health counselling
Nutrition counseling
Professional consultancy relating to nutrition
Medical analysis services
The aforesaid services, in relation to the following fields: healthcare industry, Nutrition, Nutrient additives.