The trademark FeminaDyn was filed by Metagenics Belgium BV, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on April 30, 2021, and received one opposition filed on July 28, 2021 by PILEJE on Likelihood of confusion. the opponent was represented by LEGI-MARK and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 28, 2021
The application was filed in Dutch, and Dutch 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:
Food preparations adapted for medical purposes
Dietetic nutritives for medical use
Dietetic substances adapted for medical use
Nutritional supplements, nutritional extracts and nutritional ingredients for medical use
Dietetic food supplements, dietetic nutritional extracts and dietetic nutritional ingredients for medical use
Enzymes, sugars, vitamins, vitamin preparations, minerals and mineral products for medical purposes
Tonics (beverages), namely drinks fortified with vitamins, for medical purposes
Medicinal herbs
Herbal beverages for medicinal use
Nutritional supplements not for medical use.
The mark was filed in class 29 with Foodstuffs of animal origin namely animal marrow, animal fats and animal oils, not for medical purposes.
The mark was filed in class 30 with Foodstuffs of plant origin namely, herbal products and flavors, other than essential oils, for making beverages, non-medicated confectionery comprising herbal flavourings, propolis for food, propolis (bee glue) for human consumption, not for medical purposes.