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 February 25, 2020, and received one opposition filed on May 25, 2020 by B.S.A. on Likelihood of confusion. the opponent was represented by MIIP MADE IN IP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 25, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on November 6, 2022. Change of name and professional address of the trademark registration was recorded on January 28, 2024. Change of name and professional address of the trademark registration was recorded on February 13, 2024.
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
Preparations for stimulating cooking 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
None of the aforesaid goods for the production of milk proteins, concentrated milk proteins, whey, milk and other milk products
None of the aforesaid goods being ingredients of a foodstuff composition for children, infants and babies.
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 purposes
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
Medicinal drinks
Powdered nutritional supplement drink mix
None of the aforesaid goods for the production of milk proteins, concentrated milk proteins, whey, milk and other milk products
None of the aforesaid goods being food for children, infants and babies or being an ingredient of a composition therefor.
The mark was filed in class 29 with following description of goods:
Fermented bamboo shoots boiled and preserved in salt (menma)
Fermented fruits
Fermented soybeans (natto)
Fermented bean curd
Fermented vegetables
Kimchi [fermented vegetable dish]
Fruit-based concentrate for cooking
Vegetable-based concentrate for cooking
None of the aforesaid goods for the production of milk proteins, concentrated milk proteins, whey, milk and other milk products
None of the aforesaid goods being food for children, infants and babies or being an ingredient of a composition therefor.
The mark was filed in class 32 with following description of goods:
Soft drinks
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
None of the aforesaid goods for the production of milk proteins, concentrated milk proteins, whey, milk and other milk products
None of the aforesaid goods being food for children, infants and babies or being an ingredient of a composition therefor.