The trademark Bee Vita was filed by Pfeifer & Langen GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 17, 2024, and received one opposition filed on October 16, 2024 by nu3 GmbH on Likelihood of confusion. the opponent was represented by LFR Laukemann Former Rösch Rechtsanwälte Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 16, 2024
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 31 with following description of goods:
Algae powder for animal consumption
Fortified food substances for animals
Bees
Bee pollen being raw material for industrial use
Cereals preparations being food for animals
Beverages for pets
Mixed animal feed
Feeding preparations for bees
Formula animal feed
Foodstuffs and fodder for animals
Feeding substances for bees
Foodstuffs for farm animals
Yeast for animal fodder
Live animals, organisms for breeding
Malts and unprocessed cereals
Residues from malt treatment for use as an animal feed
Bee pollen (Unprocessed -)
Bedding and litter for animals
Animal feed preparations
Bagasses of cane [raw material]
None of the aforesaid goods for the pet sector.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retailing and wholesaling, Also provided via the Internet, in relation to the following goods: Feed and food preparations for animals, in particular for bees, Veterinary dietary supplements, Veterinary preparations, Pharmaceutical products for veterinary purposes, Products for animal litter, Dietetic preparations and nutritional supplements
The bringing together, in relation to the following goods: Antibacterial preparations, Medicines for animals, Veterinary drugs, anti-vital agents, Antiparasitics, Veterinary antibiotics, Medicinal supplements for foodstuffs for animals, Anti-oxidants derived from honey, Bacteriological preparations for veterinary purposes, Bee pollen for use as a dietary food supplement, bee pollen for nutraceutical use, Biological preparations for veterinary purposes, Chemical reagents for veterinary use, chemical preparations for veterinary purposes, Biological reagents for veterinary use, Disinfectants and antiseptics, Diagnostic preparations and materials Adapted for medical or veterinary use, Dietetic foodstuffs adapted for veterinary use, Dietetic foodstuffs for veterinary use, Enzyme preparations for veterinary purposes, Enzymes for veterinary purposes, Dietetic preparations and nutritional supplements, Fungicides, Additives to fodder for veterinary purposes, Herbicides, yeast for medical, veterinary or pharmaceutical purposes, Glucose preparations For veterinary purposes, royal jelly for pharmaceutical purposes, Antivenom for the treatment of stings, Insect attractants, Insect repellents, Germicides, Cultures for veterinary use, Larvae inhibiting preparations, Lotions for veterinary purposes, Food supplements for animals, Pharmaceutical products for veterinary purposes, Antiparasitic preparations from plant sources, Radioactive preparations for use in veterinary diagnosis, Probiotic supplements, Probiotic bacterial formulations for veterinary use, Antiseptic preparations for bathing animals, veterinary preparations, Veterinary vaccines, Veterinary dietary supplements, Veterinary preparations, Veterinary preparations and substances, Veterinary stimulants for food consumption for animals, vitamin supplements for animals, Medicated additives for animal foods, Medicated sugar, Algae powder for animal consumption, Fortified food substances for animals, Bees, Bee pollen being raw material for industrial use, Cereals preparations being food for animals, Beverages for animals, Mixed animal feed, feeding preparations for bees, Formula animal feed, Foodstuffs and fodder for animals, Foodstuffs for bees, Foodstuffs for animal husbandry, Yeast for animal fodder, Agricultural, horticultural and forestry products, and products from aquaculture, Live animals, Living creatures for breeding, Malt and unprocessed cereals, Wildlife seed mixtures, Seeds, Residues from malt treatment for use as an animal feed, Unprocessed bee pollen, seeds, bulbs and seedlings for planting, Products for animal litter, Formulaanimal feed, Bagasses of cane (raw material), for the benefit of others for presentation and sales purposes
None of the aforesaid wholesaling and retailing services relating to goods in the pet sector.