EUTM file information

003082682

DIABION


March 3, 2003

Trademark Summary

The trademark DIABION was filed by Merck KGaA, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 27, 2004, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on September 27, 2004 by null on Likelihood of confusion. the opponent was represented by BOULT WADE TENNANT LLP and its proceedings were handled in English The second opposition filed on September 21, 2004 by N. V. Nutricia on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and its proceedings were handled in English

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

The renewal of the trademark was recorded by the office on January 4, 2014.

of the trademark registration was recorded on January 4, 2014. Appointment and Replacement of representative of the trademark registration was recorded on September 8, 2003. Appointment and Replacement of representative of the trademark registration was recorded on February 16, 2005. Deletion of the representative of the trademark registration was recorded on March 15, 2009. Change of name and address of the trademark registration was recorded on July 27, 2010.

The Opposition with reference B 000735854 was rejected according to Article 8(1)(b) CTMR with decision issued on May 21, 2006 by the EUIPO.

The application claimed as seniority of the Federal Republic of Germany trademark M61161/5WZ registered on March 13, 1990 and filed on August 6, 1987 which was accepted by the office.


Goods And Services

  • The mark was filed in class 5 with Dietetic preparations for medical use, especially multivitamins.
  • The mark was filed in class 29 with Foodsupplements, dietetic preparations not for medical use on the basis of proteins.
  • The mark was filed in class 30 with Foodsupplements, dietetic preparations not for medical use on the basis of carbenic hydrates.