The trademark Vitatop was filed by Cave And Gardens Ltd., a corporation established under the laws of the Republic of Ghana (the "Applicant"). The application was published for oppositions on September 10, 2020, and received one opposition filed on December 10, 2020 by VITASOY INTERNATIONAL HOLDINGS LIMITED on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 10, 2020
The application was filed in Spanish, and Spanish 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 March 3, 2021.
The Appeal with reference B R1449/2022-1 was No decision on opposition according to Article 8(1)(b) EUTMR with decision issued on February 9, 2023 by the EUIPO. The Opposition with reference B 003136354 was refused according to Article 8(1)(b) EUTMR with decision issued on June 8, 2022 by the EUIPO. The Opposition with reference B 003136354 was refused according to Article 8(1)(b) EUTMR with decision issued on October 26, 2023 by the EUIPO.