The trademark SHAPE! was filed by GoodMills Innovation GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 16, 2020, and received one opposition filed on December 16, 2020 by THE BOOTS COMPANY PLC on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Mendes, Miguel and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 16, 2020
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:
Pharmaceuticals, medical preparations
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for humans
Dietetic preparations
Nutritional supplements
Nutritional supplements
Wheat germ dietary supplements
Protein dietary supplements
Dietary supplemental drinks
Food supplements
Herbal supplements
Nutraceuticals for use as a dietary supplement
Probiotic supplements
Probiotic bacterial formulations for medical use
Probiotic preparations for medical use to help maintain a natural balance of flora in the digestive system
Dietary fibre
Dietary fiber to aid digestion
Digestive enzymes
Digestives for pharmaceutical purposes.
The mark was filed in class 29 with following description of goods:
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yoghurt, dairy products and dairy substitutes
Edible oils and fats
Meat substitutes
Products consisting predominantly of meat substitutes
Seitan [meat substitute]
Vegetable-based meat substitutes
Meat substitutes based on cereals or pseudo cereals
Meat substitutes based on fruit
Prepared meals consisting primarily of meat substitutes
Formed textured vegetable protein for use as a meat substitute
Shaped textured protein for use as a meat substitute
Processed fruit, fungi and vegetables (including nuts and pulses) and preparations made therefrom for human consumption
Foodstuffs based on fruit, fungi and vegetables (including nuts and pulses)
Secondary plant substances of fruit and vegetables for human consumption
Extracts and concentrates of fruit and vegetables
Dried pulses
Processed Pulses
Dried soya beans
Soya beans, preserved, for food
Processed soybeans
Soya [prepared], Coconut oil for food.
The mark was filed in class 30 with following description of goods:
Flour for food, in particular prepared flour and flour premixes
Concentrates being preparations for making bakery products by adding flour, mainly consisting of malt and cereal preparations, with added oil seeds, legumes and lecithins
Straw powder for human consumption
Preparations made from cereals
Processed cereals
Foodstuffs made from cereals
Food preparations based on grains
Grain-based chips
Cereal based energy bars
Processed cereals and starches for foodstuffs, and goods made therefrom
Baking preparations
Bread
Rolls
Pastries
Pastry
Cereals
Snack food products consisting of cereal products
Muesli
Muesli bars
Cereal-based snack bars
Semolina
Pasta
Noodles
Pasta
Baking powder
Starch for food
Edible salt
Edible plant fibres (cereal products), not for medical purposes, included in class 30
Processed bran (cereal preparations) for human consumption
Aleurone layers of cereals for human consumption
Processed cereals
Processed pseudocereals
Ground cereal products
Pseudo-ground cereal products
Cereal products and cereal preparations for food, in particular corn flakes, seed gluten for food, wheat gluten
Wheat germ
Wheat germ for human consumption, other than dietetic dietary supplements
Pseudocereal products and pseudocereal preparations for food
Buckwheat, processed
Processed Tartary buckwheat
Products made from buckwheat and Tartary buckwheat
Extruded foodstuffs made from cereals and pseudocereals
Extruded foodstuffs made from buckwheat and Tartary buckwheat
Sago
Tapioca
Rice
Dextrose and fructose for food
Sugar
Yeast
Spices
Chocolate
Bonbons made of sugar
Edible ices
Ice cream, sorbets and other kinds of edible ices
Ready-to-bake cereal mixes, including in the form of granules or in paste form for cutting
Rice-based prepared meals
Wheat flour
Farinaceous foods
Baking mixes (in powder form), in particular for pastries and mouldable dough
Sauces (condiments)
Coffee
Tea
Cocoa
Artificial coffee
Honey
Golden syrup
Mustard
Vinegar
Sauces (spices) with a vegetable and/or cereal base
Extracts and concentrates of all the aforesaid foodstuffs for further processing in the food industry or for manufacturing foodstuffs, included in class 30.