The trademark EVITA was filed by E-VITA GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 13, 2021, and received one opposition filed on January 12, 2022 by Volmary GmbH on Likelihood of confusion. the opponent was represented by Leidereiter, Thomas and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 12, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Growing media and fertilisers, for use in the following fields: Agriculture, forestry
Seed preserving substances
Dressings for seeds
Preservatives for agricultural seeds
Chemical preparations for the treatment of seeds for use in agriculture
Chemicals for use in agriculture
Soil conditioners for inoculation into the soil preparatory to the sowing of seeds [other than sterilising]
Soil conditioners for agricultural purposes
Soil conditioning preparations
Fertilizers for the land
Agricultural seed dressings for preservation
Dressings for seeds.
The mark was filed in class 5 with Pest control apparatus and Preparations for destroying vermin and Fungicides, herbicides, pesticides, insecticides..
The mark was filed in class 7 with following description of goods:
Agricultural machines and apparatus, Forestry machines and apparatus, Other than the following machines and apparatus: shrubbers, branch trimmers, Pruning shears, Wood milling machines, Tree branch pruners (Electric -), Hand-operated saws, Power saws, Bush cutters, Pruning saws, hedge cutters, Lawn and garden edgers, String trimmers and Lawnmowers [machines]
Attrition machines for particle surface preparation
Agricultural machines for sowing
Cereal processing machines
Winnowers
Machines for treating seeds, foodstuffs and litter.
The mark was filed in class 31 with following description of goods:
Unprocessed seeds for agricultural use, Other than herb and vegetable seeds and ornamental plant seeds
Agricultural seeds, Other than herb and vegetable seeds and ornamental plant seeds
Crop seeds
Unprocessed cereals
Raw and unprocessed agricultural products, Other than herb and vegetable seeds and ornamental plant seeds
Cereal seeds, unprocessed
Germ grains
Grains [cereals]
None of the aforesaid goods belonging to the botanical genera Fragaria, Kalanchoƫ, Brassica, Solanum, Tulipa, Pisum, Alstroemeria, Gerberas, Hordeum, Anthurium Schott, Fuchsia, Cortaderia, Aster, Solanum, Vitis, Beta, Rhipsalidopsis, Chrysanthemum, Ajania, Rubus, Lolium, Agrostis, Dactylis, Festuca, Festulolium, Lolium, Phalaris, Phleum, Po, Rhododendron, Lactuca, Cichorium, Avena, Bougainvillea, Lupinus, Vriesea x Guzmania, Rhipsalidopsis
Wheat seed
Straw [forage]
Straw litter
Hybrid wheat seeds
Seeds coated with an anti-parasitic preparation, Other than herb and vegetable seeds and ornamental plant seeds
Seeds coated with a fertilizer, Other than herb and vegetable seeds and ornamental plant seeds
Maize
Wheat
Processed cereals for consumption by animals, (not for pets)
Maize (Processed -) for consumption by animals, (not for pets)
Processed oats for consumption by animals, (not for pets)
Unprocessed corn
Straw, (not for pets)
Litter for animals, (not for pets)
Rye
Foodstuffs for horses
Animal fattening preparations
Maize for consumption by animals, (not for pets)
Baled air-cured hay
Oats for consumption by animals
Processed oats for consumption by animals, (not for pets)
Cereals preparations being food for animals, (not for pets)
Animal foodstuffs, (not for pets)
Foodstuffs for dairy animals
Animal foodstuffs derived from hay, (not for pets).
The mark was filed in class 42 with following description of goods:
Science and technology services, Especially, Research, Relating to the following sectors: Treatment of agricultural seeds, foodstuffs and litter
Rental of technological equipment
Engineering in the field of the treatment of agricultural seeds, foodstuffs and litter
Scientific services in the field of the treatment of agricultural seeds, foodstuffs and litter
Development of industrial processes in the field of the treatment of agricultural seeds, foodstuffs and litter.
The mark was filed in class 44 with Agriculture and forestry services In the field of treating seeds, foodstuffs and litter and Rental of apparatus for the treatment of agricultural seeds, fodder for animals and Litter for agriculture and forestry..