The trademark application NUTRIGYM was filed by Vitanorm GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 31, 2016, and it was registered by office on July 10, 2016 without any oppositions.
The application was filed in German (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2016.The first Cancellation was filed by Bioclin B.V. (represented by CHIEVER BV) on August 24, 2020 and Final decision – Request rejected on formalities.
Change of name and professional address of the trademark registration was recorded on December 19, 2016. Appointment and Replacement of representative of the trademark registration was recorded on January 19, 2017. A transfer of the trademark registration was recorded on May 9, 2017. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on April 18, 2018. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on August 31, 2020.
The Appeal with reference B R2088/2019-4 was Cancellation rejected according to Article 7(1)(b) EUTMR with decision issued on March 22, 2020 by the EUIPO. The Cancellation with reference B 000021045 was Cancellation rejected according to Article 7(1)(b) EUTMR with decision issued on July 17, 2019 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Anti-oxidant food supplements
Dietetic infusions for medical use
Food supplements
Dietetic substances for babies
Dietetic preparations adapted for medical use
Dietetic substances adapted for veterinary use
Herbal dietary supplements for persons special dietary requirements
Food supplements
Dietetic foods adapted for medical use
Dietetic food adapted for veterinary use
Dietetic food preparations adapted for medical use
Dietary supplements and dietetic preparations
Food supplements
Dietetic sugar substitutes for medical use
Nutritional supplements
Dietetic beverages adapted for medical purposes
Dietetic substances adapted for medical use
Dietetic foods for use in clinical nutrition
Dietetic foods adapted for infants
Dietetic foods adapted for invalids
Dietetic foods adapted for medical use
Dietetic confectionery adapted for medical purposes
Dietetic sugar for medical use
Nutraceuticals for use as a dietary supplement
Glucose for use as an additive to foods for medical purposes
Medicated food supplements
Mineral dietary supplements for animals
Mineral food supplements
Mineral dietary supplements for humans
Dietary supplemental drinks
Nutritional supplements
Albumin dietary supplements
Alginate dietary supplements
Enzyme dietary supplements
Royal jelly dietary supplements
Glucose dietary supplements
Yeast dietary supplements
Casein dietary supplements
Flaxseed dietary supplements
Flaxseed oil dietary supplements
Lecithin dietary supplements
Pollen dietary supplements
Propolis dietary supplements
Protein dietary supplements
Wheat germ dietary supplements
Food supplements
Nutritional supplements
Dietary supplements for humans
Dietary supplements for animals
Nutritional supplements
Health food supplements for persons with special dietary requirements
Dietary supplements for infants
Food for medically restricted diets
Nutritional supplement meal replacement bars for boosting energy
Soy protein dietary supplements
Starch for dietetic or pharmaceutical purposes
Vitamin preparations in the nature of food supplements
Health food supplements made principally of minerals
Health food supplements made principally of vitamins.
The mark was filed in class 29 with following description of goods:
Milk products
Whey
Milk products
Proteins and supplements containing protein for human consumption
Protein bars and snacks
Nutritional bars
Beverages based on milk protein, compositions for the preparation thereof
Dietetic foodstuffs
Body-building substances, namely proteins, fats
Dietary supplements, not for medical purposes, based on proteins, fats and fatty acids with added vitamins, minerals and trace elements
Food supplements consisting of protein.
The mark was filed in class 30 with following description of goods:
Dietary supplements consisting of carbohydrates in the form of tablets or being powdered
Dietetic foodstuffs with a base of carbohydrates
Body-building substances, namely carbohydrates
Dietary supplements, not for medical purposes, based on carbohydrates and dietary fibre with added vitamins, minerals and trace elements.
The mark was filed in class 35 with Retail services in relation to dietary supplements and Wholesale services in relation to dietary supplements..