The trademark BE LEVELS was filed by Belevels, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on January 19, 2021, and received one opposition filed on April 19, 2021 by LABORATORIOS ERN, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PONTI & PARTNERS, S.L.P
The application was filed in Spanish, and Spanish 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:
Dietary supplements and dietetic preparations
Food for medically restricted diets
Dietetic foods for use in clinical nutrition
Dietetic foods adapted for medical purposes
Food for babies and infants
Food for diabetics
Food for infants
Starch for dietetic use
Antioxidants
Anti-oxidants derived from honey
Anti-oxidants obtained from herbal sources
Anti-oxidants for dietary use
Anti-oxidants for medicinal use
Anti-oxidants comprising enzymes
Dietetic sugar for medical use
Sugar for medical purposes
Delivery agents in the form of dissolvable films that facilitate the delivery of nutritional supplements
Delivery agents in the form of coatings for tablets that facilitate the delivery of nutritional supplements
Albuminous foodstuffs for medical purposes
Dietetic foods adapted for invalids
Nutritional supplement meal replacement bars for boosting energy
Protein supplement shakes
Dietary supplemental drinks
Diabetic fruit juice beverages adapted for medical purposes
Dietetic beverages for babies adapted for medical purposes
Dietetic beverages adapted for medical purposes
Vitamin fortified beverages for medical purposes
Calcium fortified candy
Freeze-dried meat adapted for medical purposes
Homogenized food adapted for medical purposes
Freeze-dried food adapted for medical purposes
Herbal supplements
Linseed oil dietary supplements
Albumin dietary supplements
Alginate dietary supplements
Casein dietary supplements
Glucose dietary supplements
Royal jelly dietary supplements
Yeast dietary supplements
Propolis dietary supplements
Protein dietary supplements
Linseed dietary supplements
Health food supplements made principally of vitamins
Diet capsules
Chlorella dietary supplements
Enzyme dietary supplements
Wheat germ dietary supplements
Lecithin dietary supplements
Pollen dietary supplements
Dietary food supplements used for modified fasting
Mineral food supplements
Health food supplements made principally of minerals
Health food supplements for persons with special dietary requirements