The trademark NUTRILAGO was filed by Nutrilago GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 24, 2020, and received one opposition filed on December 15, 2020 by Nutrilo GmbH on Likelihood of confusion. the opponent was represented by KROHN RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 15, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on August 3, 2021.
The Appeal with reference B R0964/2023-1 was Trade mark application refused according to Article 8(1)(b) EUTMR with decision issued on September 2, 2024 by the EUIPO. The Opposition with reference B 003136768 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 9, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Aloe vera gel for cosmetic purposes
Aloe vera preparations for cosmetic purposes
Body cleaning and beauty care preparations
Balms, other than for medical purposes
Bergamot oil
Castor oil for cosmetic purposes
Chalk for cosmetic use
Coconut oil for cosmetic purposes
Cosmetic preparations for body care
Cosmetic preparations for slimming purposes
Cosmetic preparations for use as aids to slimming
Cosmetics
Cosmetics and cosmetic preparations
Cosmetics containing hyaluronic acid
Cosmetics containing keratin
Cosmetics containing panthenol
Cosmetics for personal use
Cosmetics for children
Cosmetics in the form of oils
Cuticle cream
Emollient preparations [cosmetics]
Facial preparations
Geraniol for cosmetic use
Greases for cosmetic purposes
Massage creams, not medicated
Massage gels, other than for medical purposes
Massage oils
Massage oils and lotions
Massage oils, not medicated
Massage waxes
Mineral oils [cosmetic]
Mineral water sprays for cosmetic purposes
Natural cosmetics
Non-medicated cosmetics
Non-medicated cosmetics and toiletry preparations
Non-medicated massage preparations
Non-medicated toiletries
Non-medicated toiletry preparations
Oils for cosmetic purposes
Oils for toilet purposes
Ointments for cosmetic use
Organic cosmetics.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Dietary supplements for animals
Food for babies
Acai powder dietary supplements
Activated charcoal dietary supplements
Albumin dietary supplements
Albuminous foodstuffs for medical purposes
Albuminous preparations for medical purposes
Alginate dietary supplements
Anti-oxidant food supplements
Anti-oxidant supplements
Anti-oxidants comprising enzymes
Anti-oxidants derived from honey
Anti-oxidants for dietary use
Anti-oxidants for medicinal use
Anti-oxidants obtained from herbal sources
Antioxidants
Appetite stimulant preparations
Appetite suppressants
Appetite suppressants for medical purposes
Artificial sweeteners adapted for diabetics
Vitamin D preparations
Vitamin drinks
Vitamin drops
Vitamin enriched bread for therapeutic purposes
Vitamin fortified beverages for medical purposes
Vitamin preparations
Vitamin preparations in the nature of food supplements
Vitamin supplement patches
Vitamin supplements
Vitamin supplements for use in renal dialysis
Vitamin tablets
Vitamins and vitamin preparations
Wheat dietary supplements
Wheat germ dietary supplements
Yeast dietary supplements
Zinc supplement lozenges
Prebiotic supplements
Prenatal vitamins
Preparations for supplementing the body with essential vitamins and microelements
Preparations for use as additives to food for human consumption [medicated]
Probiotic supplements
Propolis dietary supplements
Protein dietary supplements
Protein powder dietary supplements
Protein supplement shakes
Protein supplements for animals
Royal jelly dietary supplements
Royal jelly for medical purposes
Slimming pills
Slimming tea for medical purposes
Soy isoflavone dietary supplements
Soy protein dietary supplements
Starch for dietetic use
Strengthening supplements containing parapharmaceutical preparations for prophylactic purposes and for convalescents
Sugar for medical purposes
Sugar substitutes for diabetics
Vitamin A preparations
Vitamin B preparations
Vitamin C preparations
Vitamin and mineral preparations
Vitamin and mineral supplements
Milk sugar
Mineral dietary supplements for humans
Mineral food supplements
Mineral nutritional supplements
Mineral water salts
Mint for pharmaceutical purposes
Mixed vitamin preparations
Multi-vitamin preparations
Natural dietary supplements for treating claustrophobia
Neutraceutical preparations for humans
Nutraceutical preparations for therapeutic or medical purposes
Nutraceuticals for use as a dietary supplement
Nutritional additives to foodstuffs for animals, for medical purposes
Nutritional drink mix for use as a meal replacement
Nutritional supplement meal replacement bars for boosting energy
Nutritional supplements
Nutritional supplements consisting of fungal extracts
Nutritional supplements consisting primarily of calcium
Nutritional supplements consisting primarily of iron
Nutritional supplements consisting primarily of magnesium
Nutritional supplements consisting primarily of zinc