The trademark BIOVITA was filed by Biovita Sp. J., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 17, 2023, and received one opposition filed on December 3, 2023 by VILMORIN JARDIN on Likelihood of confusion. the opponent was represented by CALMETTES, Peggy and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 3, 2023
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Perlite
Fibrous material for use as soil conditioning agents
Fibrous material for use as manures
Growing media
Manures and chemicals used in agriculture, horticulture and forestry
Rock salt [for deicing]
Earth for plants and Soil for garden use
Potting soil.
The mark was filed in class 19 with following description of goods:
Lime for whitewashing
Chalk
Lime for animal forage
Salt with sand
Chippings
White chippings
Perlite
Expanding clay
Stone
Pebblestone
Aggregates
Non-woven fabrics for soil protection.
The mark was filed in class 31 with following description of goods:
Grass and plant seeds
Grass
The aforesaid goods not for use in the pet sector.