The trademark Merlin's vitam!n aqua focus apple & raspberry B+ Vitamin B Complex was filed by Andrei Nica, a national of Romania (the "Applicant"). The application was published for oppositions on April 2, 2020, and received one opposition filed on June 14, 2020 by Energy Brands Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOYNG ROKH MONEGIER ESPAÑA, S.L.U. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 14, 2020
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on July 26, 2021. Change of name and address of the trademark registration was recorded on July 12, 2023. A transfer of the trademark registration was recorded on December 7, 2023.
The Appeal with reference B R0479/2022-1 was Application rejected according to Article 8(1)(b) EUTMR with decision issued on October 8, 2023 by the EUIPO. The Opposition with reference B 003124094 was refused according to Article 8(1)(b) EUTMR with decision issued on January 24, 2022 by the EUIPO.