EUTM file information

018912052

Embelly

August 8, 2023

Trademark Summary

The trademark embelly was filed by Intestx GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 23, 2023, and received one opposition filed on February 22, 2024 by Supady, Mariusz on Likelihood of confusion. the opponent was represented by KANCELARIA PATENTOWA IGOR SAWICKI and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 22, 2024

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

Goods And Services

  • The mark was filed in class 5 with following description of goods:
    1. Dietary supplements and dietetic preparations
    2. Food for babies
    3. Sanitary preparations and articles
    4. Pharmaceuticals and natural remedies
    5. Diagnostic preparations and materials
    6. Dietetic substances (for medical purposes)
    7. Foodstuffs for infants, Invalids foodstuffs, For medical purposes
    8. Meal replacement powders
    9. Medicated beverage mixtures being meal replacements
    10. Nutritional supplements in the form of snacks being meal substitutes, for medical purposes
    11. Food bars being meal substitutes, for medical purposes
    12. Diet fruit drinks, For medical purposes.
  • The mark was filed in class 9 with following description of goods:
    1. Recorded content, in the following fields: healthcare services, health, wellness and Consumer products, namely food, Food supplements, medical preparations and articles, Medical apparatus
    2. Information technology and audio-visual, multimedia and photographic devices, for use in the following fields: healthcare services, health, wellness and Consumer products, namely food, Food supplements, medical preparations and articles, Medical apparatus
    3. Scientific and laboratory devices for treatment using electricity, for use in the following fields: healthcare services, health, wellness and Consumer products, namely food, Food supplements, medical preparations and articles, Medical apparatus
    4. Optical devices, enhancers and correctors, for use in the following fields: healthcare services, health, wellness and Consumer products, namely, food, Food supplements, medical preparations and articles, Medical apparatus
    5. Measuring, detecting, monitoring and controlling devices, for use in the following fields: healthcare services, health, wellness and Consumer products, namely, food, Food supplements, medical preparations and articles, Medical apparatus
    6. Apparatus for scientific research and laboratories, Teaching apparatus and Instrumentation simulators, for use in the following fields: healthcare services, health, wellness and Consumer products, namely food, Food supplements, medical preparations and articles, Medical apparatus
    7. Software, for use in the following fields: healthcare services, health, wellness and Consumer products, namely food, Food supplements, medical preparations and articles, Medical apparatus
    8. Application software, for use in the following fields: healthcare services, health, wellness and Consumer products, namely food, Food supplements, medical preparations and articles, Medical apparatus
    9. Media content, in relation to the following fields: healthcare services, health, wellness and Consumer products, namely food, Food supplements, medical preparations and articles, Medical apparatus
    10. Software, for use in the following fields: healthcare services, health, wellness and Consumer products, namely food, Food supplements, medical preparations and articles, Medical apparatus, Downloadable
    11. Electronic publications, downloadable, in relation to the following fields: healthcare services, health, wellness and Consumer products, namely food, Food supplements, medical preparations and articles, Medical apparatus, Downloadable.
  • The mark was filed in class 10 with following description of goods:
    1. Medical apparatus and instruments
    2. Diagnosis apparatus, Examination apparatus, Monitoring devices, including the following products: Medical testing kits, Accessories for all the aforesaid goods
    3. Physical therapy equipment.
  • The mark was filed in class 29 with following description of goods:
    1. Meat and meat products
    2. Fish, seafood and molluscs, not live
    3. Dairy products and dairy substitutes
    4. Cheese
    5. Edible oils and fats
    6. Processed fruits, fungi, vegetables, nuts and pulses
    7. Jellies
    8. Jams
    9. Compotes
    10. Fruit and vegetable spreads
    11. Soups and stocks, meat extracts
    12. Prepared meals consisting principally of game
    13. Prepared meals containing [principally] chicken
    14. Prepared meals containing [principally] eggs
    15. Prepared dishes consisting principally of meat
    16. Prepared meals consisting substantially of seafood
    17. Prepared meals containing [principally] bacon.
  • The mark was filed in class 30 with following description of goods:
    1. Snack food products consisting of cereal products
    2. Cereal-based snack food
    3. Snack food products made from potato flour
    4. Snack foods prepared from maize
    5. Snacks manufactured from muesli
    6. Cereal-based snack food
    7. Pastries consisting of vegetables and fish
    8. Rice-based prepared meals
    9. Prepared meals containing [principally] pasta
    10. Vegetable pies
    11. Pellet-shaped rice crackers (arare)
    12. Rice based dishes
    13. Meals consisting primarily of pasta
    14. Toasted sandwiches
    15. Cereal-based snack food
    16. Multigrain-based snack foods
    17. Rice-based snack food
    18. Snack food products made from cereal starch
    19. Snack food products made from potato flour
    20. Snack food products made from maize flour
    21. Snack food products made from rusk flour
    22. Snack foods made of whole wheat
    23. Savory sauces, chutneys and pastes
    24. Salts, seasonings, flavourings and condiments
    25. Bread
    26. Pastries, Candy bars and chewing gum
    27. Dietetic confectionary, not for medical purposes
    28. Cereal bars and energy bars
    29. Sugars, natural sweeteners, sweet coatings and fillings, bee products
    30. Sherbets [sorbets]
    31. Coffee, teas and cocoa and substitutes therefor
    32. Processed grains, starches, and goods made thereof, baking preparations and yeasts
    33. Dried and fresh pastas, noodles and dumplings
    34. Doughs, batters, and mixes therefor.
  • The mark was filed in class 32 with following description of goods:
    1. Low-calorie non-alcoholic beverages
    2. Dietetic beverages
    3. Beer, Beer and non-alcoholic beer
    4. Nut and soy based beverages
    5. Flavoured carbonated beverages
    6. Juices
    7. Waters
    8. Non-alcoholic beverages
    9. Non-alcoholic preparations for making beverages
    10. Powders for the preparation of beverages.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising, marketing and Promotion services in relation to the following fields: healthcare, health, wellness and Of mass market goods, namely food, food supplements, Medical preparations and articles, medical devices
    2. Public relations services in relation to the following fields: healthcare, health, wellness and Of mass market goods, namely food, food supplements, Medical preparations and articles, medical devices
    3. Product demonstrations and product display services in relation to the following fields: healthcare, health, wellness and Of mass market goods, namely food, food supplements, Medical preparations and articles, medical devices
    4. Trade show and commercial exhibition services in relation to the following fields: healthcare, health, wellness and Of mass market goods, namely food, food supplements, Medical preparations and articles, medical devices
    5. Loyalty, incentive and bonus program services in relation to the following fields: healthcare, health, wellness and Of mass market goods, namely food, food supplements, Medical preparations and articles, medical devices
    6. Distribution of advertising, marketing and promotional material in relation to the following fields: healthcare, health, wellness and Of mass market goods, namely food, food supplements, Medical preparations and articles, medical devices
    7. Advertising, marketing and promotional consultancy, advisory and assistance services in relation to the following fields: healthcare, health, wellness and Of mass market goods, namely food, food supplements, Medical preparations and articles, medical devices
    8. Provision and rental of advertising space, time and media in relation to the following fields: healthcare, health, wellness and Of mass market goods, namely food, food supplements, Medical preparations and articles, medical devices
    9. Business management in relation to the following fields: healthcare, health, wellness and Of mass market goods, namely food, food supplements, Medical preparations and articles, medical devices
    10. Business research in relation to the following fields: healthcare, health, wellness and Of mass market goods, namely food, food supplements, Medical preparations and articles, medical devices
    11. Retailing and wholesaling, including via the Internet, in relation to the following goods: Dietetic preparations and nutritional supplements, Sanitary preparations and/or articles, Pharmaceutical and natural medicines, Medical apparatus and instruments, Information technology, audiovisual, multimedia and photographic apparatus, Apparatus for scientific research and laboratory use, teaching apparatus and simulators
    12. Retailing and wholesaling, including via the Internet, in relation to the following goods: Diagnostic preparations and materials, Apparatus for diagnostic purposes, Examination apparatus, Surveillance apparatus, Including medical test sets, Meat and meat derivatives, fish, seafood and molluscs, not live, Dairy products and substitutes therefor, Edible oils and fats, Soups and broths, Processed fruits, mushrooms, vegetables, nuts and pulses, Snacks consisting of cereals, Processed fruits
    13. Retailing and wholesaling, including via the Internet, in relation to the following goods: fungi, Vegetables, Nuts and pulses, snacks manufactured from cereals, Snacks prepared with potato flour, Snack foods prepared from maize, snacks made from muesli, snack food products made from cereals
    14. Retailing and wholesaling, including via the Internet, in relation to the following goods: Pastries consisting of vegetables and fish, Ready-made rice-based meals, Ready meals predominantly containing pasta, Lyophilised rice dishes, lyophilised pasta dishes
    15. Retailing and wholesaling, including via the Internet, in relation to the following goods: Coffee, tea, cocoa and substitutes therefor, Processed grains, starches, and goods made thereof, baking preparations and yeasts, Table salt, seasonings, spices, flavourings for beverages, Sugars, natural sweeteners, sweet coatings and coverings, beekeeping products, Pasta filled with vegetables, Filled sandwiches
    16. Retailing and wholesaling, including via the Internet, in relation to the following goods: Stuffed bread, vegetable pates, Pellet-shaped rice crackers (arare), Rice-based dishes, meals consisting primarily of pasta, toasted sandwiches
    17. Retailing and wholesaling, including via the Internet, in relation to the following goods: cereal-based snack foods, Multi-grain snack foods, Rice-based snack food, Snack food products made from cereal starch, snack food products made from potato flour, Snacks made of commeal, Snack foods made from rusk flour
    18. Retailing and wholesaling, including via the Internet, in relation to the following goods: Snack foods made from whole wheat, Non-alcoholic drinks, Non-alcoholic preparations for making beverages, Beers and brewery products
    19. Retailing and wholesaling, including via the Internet, in relation to the following goods: Prepared meals consisting primarily of game, Prepared meals primarily consisting of eggs, prepared meals primarily containing meat, Ready meals consisting (predominantly) of chicken, prepared meals primarily containing seafood and Ready meals, predominantly consisting of bacon.
  • The mark was filed in class 38 with following description of goods:
    1. Telecommunication services
    2. Provision of access to content, websites and portals
    3. Computer communication and Internet access
    4. Providing online chatrooms and electronic bulletin boards for transmission of messages amongst users
    5. Audiovisual communication services
    6. Providing chatlines, chat rooms and forums on the Internet
    7. Transmission of electronic mail
    8. All the aforementioned services in relation to the following fields: Health services, health, wellness and Consumer products, namely Food, Food supplements, medical preparations and articles, Medical devices.
  • The mark was filed in class 41 with following description of goods:
    1. Education, entertainment and sport services
    2. Training
    3. Provision of training courses
    4. Arranging and conducting of conferences
    5. Arranging of lectures
    6. Arranging of courses of instruction
    7. Publishing services
    8. Providing electronic publications
    9. Publishing, reporting, and writing of texts
    10. Audio, video and multimedia production, and photography
    11. Sports and fitness services
    12. Education and instruction services
    13. Live performance services
    14. All the aforesaid services in relation to the following fields: healthcare, health, wellness and Consumer products, namely Providing of food and drink, Food supplements for dietetic use, medical preparations and articles, Medical equipment.
  • The mark was filed in class 42 with following description of goods:
    1. IT services
    2. Software development, programming and implementation
    3. Computer hardware development
    4. Hosting services, software as a service, and rental of software
    5. Rental of computer hardware and facilities
    6. IT consultancy, advisory and information services
    7. IT security, protection and restoration
    8. Data duplication and conversion services, data coding services: Computer software design
    9. Software development
    10. Science and technology services
    11. Rental of science and technology equipment
    12. Medical and pharmacological research services
    13. Scientific and industrial research
    14. Scientific research and analysis
    15. Software as a service [SaaS]
    16. Platform as a service [PaaS]
    17. Provision of information and data relating to medical and veterinary research and development
    18. Testing, authentication and quality control
    19. Design services
    20. All the aforementioned services relating to the following fields: Health care, health, wellness and Consumer products, namely grocery products, Food supplements for dietetic use, medical preparations and articles, medical devices.
  • The mark was filed in class 44 with following description of goods:
    1. Dietary and nutritional advice
    2. Providing information relating to dietary and nutritional guidance
    3. Human healthcare services
    4. Medical services
    5. Dentistry
    6. Pharmaceutical services
    7. Mental health services
    8. Rental of equipment for human healthcare
    9. Medical counseling
    10. Human hygiene and beauty care
    11. Telemedicine services
    12. Telemedicine services
    13. Medical assistance
    14. None of the aforesaid services included in this class being for animals.