The trademark VITALIDIET was filed by VITALI NUTRITION GROUP LIMITED, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 17, 2016, and received one opposition filed on October 27, 2016 by Fresenius Kabi AB on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PONTI & PARTNERS, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 27, 2016
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on July 25, 2017.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Dietetic substances adapted for medical use
Vitamins
Dietetic food supplements, not for medical purposes, in liquid or powder form, whether or not enriched with proteins, and/or with vitamins, and/or with minerals, and/or with essential fatty acids, and/or with fibre and/or with micronutrients
Dietetic substances and preparations, for medical purposes, in liquid or powder form, whether or not enriched with proteins, and/or with vitamins, and/or with minerals, and/or with essential fatty acids, and/or with fibres and/or with micronutrients
None of the aforesaid goods being for intravenous infusion.
The mark was filed in class 29 with following description of goods:
Food preparations and products not for medical or dietary purposes, made from extracts of meat, fish, poultry, shellfish, seafood, milk, vegetables or fruit
Dietetic milk beverages, milk predominating, dietetic beverages based on soya milk, dietetic beverages based on milk proteins of animal origin or based on milk proteins of vegetable origin (soya or pea)
Dietetic meal substitutes based on proteins of animal or vegetable origin
Dietetic proteins of animal or vegetable origin for human consumption
Dietetic soups and broths.
The mark was filed in class 30 with following description of goods:
Food preparations and products not for medical or dietary purposes, made from cereals or cereal extracts, yeast or yeast extracts, coffee, tea, herbs or spices
Dietetic beverages based on coffee, tea, cocoa or chocolate, dietetic beverages based on aromatic plants
Dietetic meal substitutes based on cereals, High-protein cereal bars, Cereal-based snack food, Rice-based snack food
Dietetic crackers, pancakes, cakes, waffles and biscuits
Dietetic coffee, tea, cocoa and infusions, not medicinal.
The mark was filed in class 32 with following description of goods:
Mineral and aerated waters and other non-alcoholic drinks
Fruit drinks, fruit juices
Syrups and other preparations for making beverages
Beverages containing vitamins or proteins, smoothies