The trademark BY VIT was filed by BY VIT GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 19, 2022, and received one opposition filed on April 18, 2022 by MARCO VITI FARMACEUTICI S.P.A. on Likelihood of confusion. the opponent was represented by BARZANĂ’ & ZANARDO ROMA S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 18, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 21, 2022.
The Opposition with reference B 003168122 was rejected according to Article 8(1)(b) EUTMR with decision issued on August 31, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with Vitamins for the food industry and Vitamins for use in the manufacture of food supplements..
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Food supplements in liquid form
Herbal supplements
Mineral dietary supplements
Glucose dietary supplements
Anti-oxidant food supplements
Dietary supplements for humans
Wheat dietary supplements
Zinc dietary supplements
Food supplements consisting of amino acids
Food supplements consisting of trace elements
Folic acid dietary supplements
Dietary supplements consisting of vitamins
Chlorella dietary supplements
Lutein dietary supplements
Food supplements for sportsmen
Dietary supplements in powder form
Health-aid foods supplements containing ginseng
Brewer's yeast dietary supplements
Whey protein dietary supplements
Calcium tablets as a food supplement
Food supplements for non-medical purposes
Soy protein dietary supplements
Protein powder dietary supplements
Pine pollen dietary supplements
Soy isoflavone dietary supplements
Propolis dietary supplements
Lecithin dietary supplements
Protein dietary supplements
Pollen dietary supplements
Yeast dietary supplements
Wheat germ dietary supplements
Enzyme dietary supplements
Alginate dietary supplements
Casein dietary supplements
Albumin dietary supplements
Linseed oil dietary supplements
Mineral dietary supplements for humans
Dietary supplements and dietetic preparations
Dietary and nutritional supplements
Liquid nutritional supplements
Health-aid foods supplement containing red ginseng
Dietary supplements with a cosmetic effect
Royal jelly dietary supplements
Dietary supplements for controlling cholesterol
Dietary supplements consisting primarily of iron
Nutritional supplements consisting of fungal extracts
Dietary supplements consisting primarily of magnesium
Nutritional supplements consisting primarily of calcium
Dietary supplements consisting primarily of calcium
Mineral nutritional supplements
Nutritional supplements made of starch adapted for medical use
Coenzyme Q10 dietary supplements
Acai powder dietary supplements
Dietary supplements for humans not for medical purposes
Nutritional drink mix for use as a meal replacement
Dietary food supplements used for modified fasting
Liquid vitamin supplements
Vitamins and vitamin preparations
Baby vitamins
Health food supplements made principally of vitamins
Vitamin fortified beverages for medical purposes
Dietary supplemental drinks
Food supplements
Medicated food supplements
Dietary supplements for infants
Nutritional supplement meal replacement bars for boosting energy