The trademark Jo-Vital was filed by REWE-Zentral AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 31, 2005, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on November 1, 2005 by Ezquerra, Jean-François on Likelihood of confusion. the opponent was represented by BARDEHLE PAGENBERG and its proceedings were handled in English
The second opposition filed on October 26, 2005 by null on Likelihood of confusion. the opponent was represented by GARRIGUES IP, S.L.P. and its proceedings were handled in English
The third opposition filed on October 19, 2005 by Sonnina Süßwaren GmbH on Likelihood of confusion. and its proceedings were handled in German
The fourth opposition filed on October 9, 2005 by null on Likelihood of confusion. the opponent was represented by Ungría López, Javier and its proceedings were handled in English
The fifth opposition filed on October 6, 2005 by IREKS GmbH on Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and its proceedings were handled in German
The sixth opposition filed on September 12, 2005 by EBRO FOODS GmbH on Likelihood of confusion. the opponent was represented by GLEISS LUTZ HOOTZ HIRSCH PARTMBB RECHTSANWÄLTE, STEUERBERATER and its proceedings were handled in German
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 February 17, 2015.
Change of name and address of the trademark registration was recorded on July 15, 2007. Appointment and Replacement of representative of the trademark registration was recorded on February 16, 2010. Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on December 11, 2012.
The Opposition with reference B 000915332 was rejected according to Article 8(1)(b) CTMR with decision issued on May 30, 2007 by the EUIPO.
Goods And Services
The mark was filed in class 30 with following description of goods:
Sauces, including salad dressings, fruit sauces, ketchup, horseradish, capers
Coffee, tea, cocoa, chocolate, chocolate goods, cocoa-based powders for making beverages
Chocolate-based beverages, marzipan, nougat, marzipan and nougat products
Spreads, mainly of sugar, cocoa, nougat, milk and/or fats
Pralines, including filled pralines
Sugar, confectionery, except yoghurt fruit gums, sweets, except yoghurt sweets, in particular boiled, peppermint and fruit sweets, gumdrops, lollipops, chewing gum
Rice, tapioca, artificial coffee
Muesli and muesli bars (mainly consisting of cereal flakes, dried fruit, nuts), popcorn
Pizzas
Pudding
Ices and ice-cream
Honey, treacle, salt
Mustard
Vinegar
Spices, mixed spices, pepper corns
Savoury biscuits, crisps made from cereals, and other snacks, included in class 30
Dry and liquid ready-to-serve meals, mainly consisting of rice
All the aforesaid goods (where possible) also frozen or preserved, sterilised or homogenised.