The trademark was filed by Murray Colin Clarke, a national of the United States of America (the "Applicant"). The application was published for oppositions on June 29, 2021, and received one opposition filed on September 19, 2021 by TNSG HEALTH CO., LTD. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Mark was filed without authorisation of proprietor. the opponent was represented by SAKELLARIDES LAW OFFICES and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 19, 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 professional address of the trademark registration was recorded on September 9, 2021. Change of name and professional address of the trademark registration was recorded on November 23, 2023.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements for human beings
Dietetic food and substances adapted for medical use
Food for babies, infants and invalids
Anti-oxidant nutritional supplements
Cod liver oil
Colostrum supplements
Compounds derived from fruits, herbs or plant extracts for use as dietary supplements
Dietary fiber
Flaxseed dietary supplements
Food supplements in the form of capsules, tablets, caplets, powder, liquids, syrups, chews, chewing gums, gummies, gels, oral sprays and dissolvable strips, all for medical purposes
Health food supplements
Herbal supplements
Lecithin dietary supplements
Liquid nutritional supplements
Mineral food supplements
Nutritional supplements
Probiotic supplements
Protein supplements
Vitamin supplements
Gummy vitamins
Medicated candies
Medicated chewing gum
Nutritional supplements in the form of capsules, tablets, caplets, powder, liquids, syrups, chews, chewing gums, gummies, gels, oral sprays and dissolvable strips
Pharmaceuticals, medical and veterinary preparations
Sanitary preparations for medical purposes
Dietary supplements for animals
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Preparations for destroying vermin
Fungicides, herbicides.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastries and confectionery
Chocolate
Ice cream, sorbets and other edible ices
Sugar, honey, treacle
Yeast, baking-powder
Salt, seasonings, spices, preserved herbs
Vinegar, sauces and other condiments
Ice (frozen water)
Candies
Chewing gum.
The mark was filed in class 35 with following description of goods:
Advertising
Business management, organization and administration
Office functions
Presentation of goods on communication media, for retail purposes
Online distributorship, wholesaling and retailing services, retail store services, distributorship, wholesaling, retailing and sales promotion in relation to dietary and nutritional supplements, dietetic food and substances adapted for medical use, food for babies, infants and invalids, food and beverages.