The trademark PROLACTOVITA was filed by Thomas Kampmann, a national of the Federal Republic of Germany (the "Applicant") and Michael Petry, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on March 3, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on June 3, 2020 by NOVAX PHARMA SAM on Likelihood of confusion. the opponent was represented by MIIP MADE IN IP and its proceedings were handled in English The second opposition filed on May 25, 2020 by B.S.A. on Likelihood of confusion. the opponent was represented by MIIP MADE IN IP 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).
Goods And Services
The mark was filed in class 1 with following description of goods:
Probiotic bacterial cultures for the food industry
Probiotic bacteria for the food industry
Probiotic bacterial formulations [other than for medical use]
Ferments for chemical purposes
Lactic acid polymers
Cooking (Preparations for stimulating -) for industrial purposes
Emulsifying preparations
Emulsifiers for food preparations
Enzymes for use in the processing of food by-products
Enzymes for food or drinks
Enzymes for use in the bakery industry
Enzyme preparations for use in the baking industry
Chemical substances for use as food ingredients
Chemical additives for food
Lactic acid.
The mark was filed in class 5 with following description of goods:
Probiotic supplements
Probiotic bacterial formulations for veterinary use
Probiotic bacterial formulations for medical use
Probiotic preparations for medical use to help maintain a natural balance of flora in the digestive system
Ferments for medical or veterinary use
Ferments for pharmaceutical purposes
Preparations of microorganisms for medical or veterinary use
Gastrointestinal preparations
Gastrointestinal cleaning agents
Pharmaceutical preparations and substances for the treatment of gastro-intestinal diseases
Gastrointestinal preparations
Veterinary preparations for treatment of intestinal bacteria
Anti-oxidant food supplements
Dietary supplements and dietetic preparations
Food supplements
Dietetic food preparations adapted for medical use
Dietetic foods adapted for medical use
Nutraceuticals for use as a dietary supplement
Dietary supplemental drinks
Nutritional supplements
Nutritional supplements
Food for medically restricted diets
Yeast dietary supplements
Dietary supplement drink mixes
Preparations for making medicated beverages
Beverages for infants
Beverages adapted for medicinal purposes
Powdered nutritional supplement drink mix.
The mark was filed in class 29 with following description of goods:
Fermented bamboo shoots boiled and preserved in salt (menma)
Fermented fruits
Fermented milk
Fermented soybeans (natto)
Fermented bean curd
Fermented vegetables
Kimchi [fermented vegetable dish]
Ryazhenka [fermented baked milk]
Milk shakes
Lactic acid drinks
Fruit-based concentrate for cooking
Vegetable-based concentrate for cooking
Powdered milk for food purposes
Flavoured milk powder for making drinks
Drinks made from dairy products
Milk substitutes.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Non-alcoholic preparations for making beverages
Concentrates for use in the preparation of soft drinks
Concentrates for making fruit drinks
Extracts for making beverages
Powders for the preparation of beverages
Nutritionally fortified beverages
Non-alcoholic drinks enriched with vitamins and mineral salts.