The trademark NutriMonster was filed by Prox Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 16, 2024, and received one opposition filed on July 16, 2024 by Monster Energy Company on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 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 5 with following description of goods:
Food for babies and infants
Beverages for infants
Food for babies
Nutritional supplements
Nutritional supplement meal replacement bars for boosting energy
Food supplements consisting of amino acids
Dietary supplements consisting of vitamins
Food supplements consisting of trace elements
Food supplements for non-medical purposes
Anti-oxidant food supplements
Whey protein dietary supplements
Folic acid dietary supplements
Wheat dietary supplements
Dietary supplements and dietetic preparations
Protein dietary supplements
Soy protein dietary supplements
Protein powder dietary supplements
Nutritional supplements for livestock feed
Dietary supplements in powder form
Dietary supplemental drinks
Dietetic foods adapted for infants
Liquid formula milk for babies
Liquid formula milk for infants
Lactose free infant's formula
Food preparations for babies and infants
Milk powders [foodstuff for babies]
Powdered milk for babies
Powdered milk for babies and infants
Powdered milk foods for infants
Substitutes for mothers milk
Lacteal flour for babies
Dietary supplements for infants
Food for infants.
The mark was filed in class 32 with following description of goods:
Drinking water with vitamins
Nutritionally fortified water
Powders used in the preparation of fruit-based beverages