The trademark OM ORGANIC MINERALS was filed by RAMON FREIXAS PLANAS, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on November 5, 2023, and received one opposition filed on February 4, 2024 by OM Pharma SA on Likelihood of confusion. the opponent was represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 4, 2024
The application was filed in Spanish, and Spanish 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:
Food supplements in liquid form
Mineral dietary supplements
Food supplements for sportsmen
Dietary supplemental drinks
Vitamin preparations in the nature of food supplements
Nutritional drink mix for use as a meal replacement
Mineral dietary supplements
Dietetic foods for use in clinical nutrition
Dietary and nutritional supplements
Vitamin and mineral supplements
Food supplements
Nutritional supplements
Preparations of trace elements for human and animal use
Medical preparations for slimming purposes
Slimming pills
Slimming pills
Medical preparations for slimming purposes
Medicated toothpaste
Teeth filling material
Preparations for use as additives to food for human consumption [medicated]
Mineral dietary supplements
Medicinal drinks
Vitamin and mineral preparations
Food supplements
Food supplements
Slimming pills
Medicated toothpaste
Dietary supplements with a cosmetic effect
Nutritional supplements
Powdered nutritional supplement drink mix
Mineral nutritional supplements
Nutraceuticals for use as a dietary supplement
Herbal dietary supplements for persons special dietary requirements
Dietary supplements and dietetic preparations
Health food supplements for persons with special dietary requirements
Dietary and nutritional preparations
Dietary supplement drink mixes
Nutritional supplement meal replacement bars for boosting energy
Dietary food supplements used for modified fasting
Protein dietary supplements
Protein dietary supplements
Meal replacement powders
Probiotic supplements
Vitamin supplements
Liquid vitamin supplements
By-products of the processing of cereals for dietetic or medical purposes
Mineral dietary supplements for humans
Caffeine preparations for stimulative use
All the aforesaid goods made of or containing minerals extracted from water or seawater.
The mark was filed in class 35 with following description of goods:
Advertising
Issuing of publicity leaflets
Promotion, advertising and marketing of on-line websites
Publication of advertising literature
Publication of publicity materials
Market campaigns
Publication of publicity texts
Advertisement via mobile phone networks
Advertising through all public communication means
Banner advertising
Providing information about commercial business and commercial information via the global computer network
Provision of on-line business and commercial information
On-line data processing services
Provision of an online marketplace for buyers and sellers of goods and services
Advertising and marketing
Advertising via electronic media and specifically the internet
Publicity and sales promotion services
Online advertisements
Advertising, marketing and promotional services
Business administration
Business management
Import and export services
Marketing
Product marketing
Providing business information, also via internet, the cable network or other forms of data transfer
Providing business information, also via internet, the cable network or other forms of data transfer
Advertising by transmission of on-line publicity for third parties through electronic communications networks
Presentation of goods on communication media, for retail purposes
Business information services provided online from a global computer network or the internet
On-line promotion of computer networks and websites
Organization of trade fairs
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Conducting, arranging and organizing trade shows and trade fairs for commercial and advertising purposes
Consultancy relating to the organisation of promotional campaigns for business
Distribution of promotional matter
Dissemination of advertising and promotional materials
Arranging of collective buying
Marketing studies
Market analysis
Sales promotion
Sales promotion
Sales promotions at point of purchase or sale, for others
Distribution of advertising, marketing and promotional material
Merchandising
Market reports and studies
Market research and marketing studies
Web indexing for commercial or advertising purposes
Web site traffic optimization
Statistical analysis and reporting
Brand positioning services
Compilation and systematisation of information in databanks
Data management services
Compilation of information into computer databases
Electronic data processing
Data retrieval services
Statistical evaluations of marketing data
Computerised data processing
Computerized file management
Data transcription
Database marketing
Interpretation of market research data
Information and data compiling and analyzing relating to business management
Data search in computer files for others
Data entry and data processing
Preparation and realization of media and advertising plans and concepts
Compilation of directories for publication on the internet
Cost benefit analysis
Analysis of market research data
Analysis of company behaviour
Analysis of the public awareness of advertising
Analysis of advertising response
Analysis of business trends
Work analysis to determine worker skill sets and other worker requirements
Industrial management consultation including cost/yield analyses
Providing advice relating to the analysis of consumer buying habits
Advice on the analysis of consumer buying habits and needs provided with the help of sensory, quality and quantity-related data
Preparation of market analysis reports
Organisation and conducting of product presentations
Presentation of goods on communication media, for retail purposes
Preparation and presentation of audio visual displays for advertising purposes
Presentation of companies and their goods and services on the Internet
Demonstration of goods for promotional purposes
Services with regard to product presentation to the public
Brand strategy services
Administration of sales promotion incentive programs
Development of promotional campaigns
Handbill distribution
Distribution of printed promotional material by post
Distribution of promotional matter
Preparing promotional and merchandising material for others
Promotion of special events
Promoting the sale of goods and services of others through promotional events
Copywriting for advertising and promotional purposes
Chamber of commerce services for the promotion of commerce
Chamber of commerce services for the promotion of businesses
Chamber of commerce services for the promotion of commerce
Promotional marketing
Advisory and consultancy services relating to import-export agencies
Mediation of agreements regarding the sale and purchase of goods
Mediation and conclusion of commercial transactions for others
Commercial intermediation services
Arranging of buying and selling contracts for third parties
Compilation of registers relating to exporters
Import-export agency services
Consultancy relating to business document management
Preparation of publicity documents
Providing transportation documentation for others [administrative services]
Public relations services
Consultancy regarding advertising communication strategies
Online advertising on a computer network
Provision of commercial and business contact information
Promotion of goods through influencers
Sales promotion for others
Presentation of goods on communication media, for retail purposes
Commercial administration of the licensing of the goods and services of others
Arranging and conducting of commercial events
Commercial or industrial management assistance
Organization of exhibitions for commercial or advertising purposes
Negotiation and conclusion of commercial transactions for third parties
Business intermediary services relating to the matching of various professionals with clients
Providing consumer information relating to goods and services
Compilation of business directories
Compilation of business directories
Providing business information directory services, via a global computer network
Records management services, namely, document indexing for others
Providing an on-line commercial information directory on the internet
Compilation of directories for publishing on global computer networks or the internet
Compilation of directories for publication on the internet
Compilation of online business directories
Promoting the goods and services of others via computer and communication networks
Promotion of goods and services through sponsorship
Promoting the sale of goods and services of others through the distribution of printed material and promotional contests
Mediation of agreements regarding the sale and purchase of goods
Import-export agency services
Retail services, Wholesale and Sale in online shops in relation to the following goods: Liquid nutritional supplements, Mineral food supplements, Dietary supplements for athletes, dietary supplemental drinks, Vitamin preparations being dietary supplements, Nutritional drink mix for use as a meal replacement, Mineral food supplements, dietetic foods for use in clinical nutrition, Dietary and nutritional matters, Vitamin and mineral additives, dietary supplements, Food supplements, Preparations of trace elements for human and animal use, Medical preparations for slimming purposes, Slimming pills, slimming pills, medical preparations for slimming, Medicated dentifrices, Materials for filling teeth, Preparations for use as additives to food for human consumption [medicines], Mineral food supplements, Medicinal beverages, Vitamin and/or mineral preparations, dietary food supplements, dietary supplements, slimming pills, Medicated dentifrices, Food supplements with a cosmetic effect, Nutritional supplements, Dietary supplements in powder form for making beverages, Mineral dietary supplements, Nutraceuticals for use as dietary supplements, Dietetic herbal additives for individuals adhering to a special diet, Dietary preparations and supplements, Health food supplements for persons on special diets, Preparations for nutritional and dietetic use, Dietary supplement drink mixes, nutritional supplement meal replacement bars for boosting energy, Liquid nutritional supplements, Powdered fruit-flavoured food supplements for making beverages, Dietary vitamin supplements, Fitness and endurance supplements, Dietary food supplements used for modified fasting, Protein dietary supplements, Protein dietary supplements, Powders for use as food substitutes, probiotic supplements, Vitamin supplements, liquid vitamin supplements, By-products of the processing of cereal seeds for dietetic or medical purposes, mineral dietary supplements for humans, Caffeine preparations for stimulative use, All the aforesaid goods made of or containing minerals extracted from water or seawater.