EUTM file information

006622815

Provital

January 29, 2008

Trademark Summary

The trademark Provital was filed by Westfälische Fleischwarenfabrik Stockmeyer GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 29, 2008, and received undefined oppositions.

Opposition Proceedings

There are undefined oppositions were filed:

  • The first opposition filed on September 29, 2008 by Perrigo Holding NV on Likelihood of confusion. and its proceedings were handled in English
  • The second opposition filed on September 29, 2008 by PROVITAL FRANCE, SARL on Likelihood of confusion. the opponent was represented by SUGRAÑES, S.L.P. and its proceedings were handled in English
  • The third opposition filed on September 28, 2008 by IREKS GmbH on Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and its proceedings were handled in German
  • The fourth opposition filed on September 28, 2008 by VETAGRI, Société Anonyme on Likelihood of confusion. the opponent was represented by CABINET FLECHNER 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).

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2010.The first Cancellation was filed by SPC Ardmona Operations Limited (represented by Hogan Lovells (Alicante) S.L. & Cia.) on January 22, 2019 and Final decision on costs – Request withdrawn.

The renewal of the trademark was recorded by the office on August 23, 2017.

Appointment and Replacement of representative of the trademark registration was recorded on January 19, 2009. Change of name and professional address of the trademark registration was recorded on February 18, 2009. Claims of seniority of the trademark registration was recorded on March 9, 2015. Change of name and professional address of the trademark registration was recorded on April 16, 2015. Change of name and address of the trademark registration was recorded on April 27, 2015. Change of name and professional address of the trademark registration was recorded on April 29, 2015. Change of name and professional address of the trademark registration was recorded on January 10, 2016. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on February 22, 2016. Claims of seniority of the trademark registration was recorded on June 26, 2016. Claims of seniority of the trademark registration was recorded on June 26, 2016. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on January 29, 2019. Partial Surrender of the trademark registration was recorded on March 7, 2019. Claims of seniority of the trademark registration was recorded on February 9, 2020.

The Opposition with reference B 001401027 was rejected according to Article 8(1)(b) CTMR with decision issued on July 6, 2010 by the EUIPO.

The application claimed as seniority of the Federal Republic of Germany trademark null and filed on April 10, 1985 which was accepted by the office.

Goods And Services

  • The mark was filed in class 5 with following description of goods:
    1. Dietetic foods adapted for medical use
    2. Food supplements with a base of amino acids
    3. Food supplements with a base of minerals
    4. Dietary supplements on the basis of trace elements
    5. Nutritional supplements
    6. Vitamin preparations
    7. Pharmaceutical and veterinary preparations
    8. Sanitary preparations for medical purposes
    9. Dietetic preparations adapted for medical use
    10. Infant formula
    11. Disinfectants
    12. Preparations for destroying vermin
    13. Fungicides, herbicides
    14. Dietetic foodstuffs or food supplements not for medical purposes, with a base of fats, fatty acids, with added vitamins, minerals, trace elements, either singly or in combination
    15. Dietetic foods or food supplements not for medical purposes, with a base of carbohydrates, roughage, with added vitamins, minerals, trace elements, either singly or in combination
    16. None of the aforesaid goods being made only or predominantly of fruit and vegetables.
  • The mark was filed in class 29 with following description of goods:
    1. Meat, fish, poultry and game, and goods made therefrom in fresh, frozen, smoked and semi-prepared form, including the aforesaid goods in the form of rissoles, or being extracts
    2. Charcuterie and charcuterie preserves
    3. Poultry and game meat pies
    4. Ready-made meals, mainly comprising meat and fish
    5. Jellied fish and fish marinades
    6. Tinned meat, fish, game, poultry and soup, including being frozen food
    7. Meat and fish jellies
    8. Sausage, meat, fish and poultry salads
    9. Ragout and prepared meals in preserved form, mainly consisting of a portion of meat with vegetables, potatoes, rice or noodles
    10. Soups and stock, including soup and stock in the form of extracts
    11. Eggs, milk and milk products, namely butter, cheese and cheese preparations, cream, yoghurt and yoghurt desserts, creme fraiche, kefir, whey and milk powder for food, condensed milk
    12. Meals prepared from milk, whey, yoghurt and/or cream, and starch-containing binding agents
    13. Eggs, edible oils and fats
    14. Tofu and tofu products, included in class 29
    15. Delicatessen articles, namely salads (included in class 29)
    16. Delicatessen items, namely liver pate and shellfish (not live)
    17. Toasted laver
    18. Kimchi [fermented vegetable dish]
    19. Quark, curds
    20. Soya milk [milk substitute]
    21. Dietetic foodstuffs or food supplements, not for medical use, with a base of proteins, with added vitamins, minerals, trace elements, either singly or in combination, included in class 29
    22. Food supplements with a protein base
    23. Vegetarian meat substitute products and goods made therefrom, including charcuterie and prepared meals, mainly consisting of meat substitutes wherein the meat or meat component has been replaced by protein products of vegetable origin
    24. None of the aforesaid goods being made only or predominantly of fruit and vegetables.
  • The mark was filed in class 30 with following description of goods:
    1. Coffee, tea, cocoa, sugar, rice, tapioka, sago, artificial coffee
    2. Bread, pastries and confectionery, edible ices
    3. Honey, treacle, yeast
    4. Salt, mustard
    5. Vinegar
    6. Sauces
    7. Spices
    8. Ice
    9. Natural, non-medical sugar substitutes
    10. Ready-to-serve meals made mainly of noodles
    11. Salad sauces
    12. Condiments and spice preparations
    13. Treacle, desserts, namely blancmanges, rice pudding and semolina made with milk, ices and powder for edible ices, including the aforesaid goods, included in class 30, being delicatessen items
    14. Delicatessen items, namely meat pies, pasties and pies
    15. Soyabean paste (spices)
    16. Cereal-based snack food
    17. Rice-based snack food
    18. Maize meal
    19. Sodium bicarbonate
    20. None of the aforesaid goods being made only or predominantly of fruit and vegetables.
  • The mark was filed in class 31 with following description of goods:
    1. Agricultural, horticultural and forestry products and grains, included in class 31
    2. Live animals
    3. Seeds, live plants and flowers
    4. Malt
    5. None of the aforesaid goods being made only or predominantly of fruit and vegetables.
  • The mark was filed in class 32 with following description of goods:
    1. Beers
    2. Mineral and aerated waters and other non-alcoholic beverages
    3. None of the aforesaid goods being made only or predominantly of fruit and vegetables.
  • The mark was filed in class 33 with Alcoholic beverages (except beers).