The trademark VITERRA THE AGRICULTURE NETWORK & DESIGN was filed by Viterra Canada Inc., a corporation established under the laws of Canada (the "Applicant"). The application was published for oppositions on January 3, 2021, and received one opposition filed on February 16, 2021 by P.H. Petersen Saatzucht Lundsgaard GmbH on Likelihood of confusion. the opponent was represented by JEP Rechtsanwälte Jensen Emmerich PartG mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 16, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on January 4, 2021. Appointment and Replacement of representative of the trademark registration was recorded on March 25, 2021. Appointment and Replacement of representative of the trademark registration was recorded on June 9, 2022. Change of name and professional address of the trademark registration was recorded on August 17, 2022.
Goods And Services
The mark was filed in class 1 with Fertilizers of a dry granular, liquid, biological being inoculants and anhydrous nature and chemical preparations for use in agriculture, horticulture and forestry, namely, chemical preparations for the treatment of seeds..
The mark was filed in class 5 with Agricultural chemicals, namely, herbicides, insecticides, and rodenticides being seed treatments and Livestock supplies, namely protein supplements..
The mark was filed in class 22 with Raw cotton.
The mark was filed in class 29 with following description of goods:
Processed pulses
Edible oils, namely, canola oil, soybean oil
Dried legumes, namely, lentils, peas and chickpeas.
The mark was filed in class 30 with Sugar and processed grains and cereals, namely, corn, oat, flax and wheat..
The mark was filed in class 31 with Livestock supplies, namely, animal feed, animal feed in the nature of grain screening pellets and mill feeds and animal feed featuring seed and grain, namely, registered, commercial and certified cereals, field crop, grass forage, lawn and garden, legume, forage, oilseeds, peas, beans, lentils, mustard, canary seed, sunflower seed, millet, bird seed mixtures..
The mark was filed in class 35 with following description of goods:
Retail stores and wholesale distributorships in relation to agricultural commodities and inputs
Wholesale distribution and retail store services in relation to agricultural products, namely, grains, oilseeds, legumes and forages, and seeds of agricultural products and primary by-products of agricultural products
Wholesale distribution and retail store services in relation to agricultural products, namely, animal feeds, namely, complete feeds, concentrated vitamin premix feeds, mineral premix feeds, concentrated vitamin and mineral premix feeds, supplement feeds and feed concentrates
Wholesale distribution and retail store services in relation to agricultural products, namely, animal feed nutrients and additives, animal feed medications and injectables to treat and prevent disease in animals
Wholesale distribution and retail store services in relation to agricultural products, namely, agricultural chemicals, herbicides, pesticides and fungicides
Wholesale distribution and retail store services in relation to agricultural products, namely, agricultural fertilizers and compost and soil
Business merchandising services, namely, strategic development, advertisement and marketing relating to the production, purchase and sale of agricultural products, namely, grains, oilseeds, legumes and forages, and seeds of agricultural products and primary by-products of agricultural products
Consulting services, namely, business planning, management and record keeping services for agricultural customers and suppliers
Business management for others of grain elevators and terminals and crop production centres
Business risk management services
Business information services, namely, provision of agricultural market information.
The mark was filed in class 36 with following description of goods:
Contracting in the nature of commodity trading for others and financing of agricultural commodities and inputs
Insurance services, namely, underwriting of hail insurance
Provision of commodity brokerage information
Financial planning for agricultural customers and suppliers
Financial risk management services.
The mark was filed in class 39 with following description of goods:
Transportation logistics services, namely, coordinating the transportation of freight by truck
Transportation services, namely, transportation of grains, agricultural commodities and inputs and general freight by truck
Grain storage services
Custom packaging to the order and specification of others.
The mark was filed in class 40 with following description of goods:
Custom processing of agricultural products and processed foods
Provision of seed treating and coating services
Custom manufacture and processing of agricultural products, namely, grains, oilseeds, legumes and forages, and seeds of agricultural products and primary by-products of agricultural products
Custom manufacture and processing of agricultural products, namely, animal feeds, namely, complete feeds, concentrated vitamin premix feeds, mineral premix feeds, concentrated vitamin and mineral premix feeds, supplement feeds and feed concentrates
Custom manufacture and processing of agricultural products, namely, animal feed nutrients and additives, animal feed medications and injectables to treat and prevent disease in animals
Custom manufacture and processing of agricultural products, namely, agricultural chemicals, herbicides, pesticides and fungicides, agricultural fertilizers and compost and soil
Grain drying services.
The mark was filed in class 42 with following description of goods:
Online informational services, namely, providing agricultural research information via the Internet or in other electronic medium
Research and development services in the fields of crop varieties, agricultural chemicals, herbicides, pesticides and fungicides, agricultural fertilizers, operation of experimental farm, compost and soil, livestock
Agricultural field inspection services
Soil testing and seed testing services.
The mark was filed in class 44 with following description of goods:
Agronomic consulting services
Online informational services, namely, providing agricultural information in the field of fertilization via the Internet or in other electronic medium
Application services, namely, custom agricultural, chemical and fertilizer application and seeding services.