The trademark NUTRISTEM was filed by ADM International Sàrl, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on July 20, 2021, and received one opposition filed on October 18, 2021 by St. Hippolyt Holding GmbH on Likelihood of confusion. the opponent was represented by GAIL Rechtsanwaltskanzlei and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 18, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Proteins for use in the manufacture of food products, food supplements and beverages
Proteins for use in animal food and feed industry
Plant-based substances for use in the manufacture of food and beverages, food supplements and animal food and feed
Preparations containing vitamins, minerals, nutrients and proteins for use in the food and beverage and animal food industry.
The mark was filed in class 5 with following description of goods:
Preparations containing proteins, vitamins, minerals or other nutrients for use in dietary supplements for human use and in clinical nutrition
Plant-based preparations for use in dietary supplements for human use and in clinical nutrition
Preparations containing proteins, vitamins, minerals and/or other nutrients for use in dietary supplements for animals
Nutritional supplements
Nutritional supplements in the nature of nutrient-dense, protein-based products
Protein supplements.
The mark was filed in class 29 with following description of goods:
Plant-based ingredients for food and beverages
Processed vegetables, processed beans, processed pulses, processed nuts or processed seeds or mixtures thereof in the form of concentrates, isolates, powder, crisps, textures, flour, grits, meal, or in dehydrated form, all for culinary purposes
Preparations, concentrates and blends of processed vegetables, beans, pulses or seeds for use as food or beverage ingredients
Preparations, concentrates and blends consisting of processed vegetables, beans, pulses or seeds for culinary purposes
Dairy substitutes
Preparations for making dairy substitutes
Ingredients for dairy substitutes
Meat substitutes
Preparations and ingredients for making meat substitutes
Oils for food
Unformed textured vegetable protein for use as a meat substitute
Formed vegetable protein for use as a meat substitute
Textured vegetable protein used as a meat extender.
The mark was filed in class 30 with following description of goods:
Preparations of processed grains, processed cereals, processed rice and/or processed tapioca for use as food or beverage ingredients
Preparations of processed grains, processed cereals, processed rice and/or processed tapioca for culinary purposes
Grains, cereals, rice and/or tapioca prepared for human consumption
Processed grains, processed cereals, processed rice and/or processed tapioca for use as meat substitute or dairy substitute
Preparations consisting predominantly of processed grains, processed cereals, processed rice and/or processed tapioca for culinary purposes
Processed grains, processed rice, processed tapioca and/or processed cereals or blends thereof in the form of concentrates, isolates, powder, crisps, textures, flour, grits, meal, or in dehydrated form
Processed grains, processed cereals, processed rice and/or processed tapioca for use as food or beverage ingredients
Proteins based on grains, cereals, rice or tapioca used as a meat or dairy substitute in food or beverage products.
The mark was filed in class 31 with following description of goods:
Fortified food substances for animals
Plant-based proteins for use in animal food
Nutrient preparations for use in animal food
Preparations for animal foodstuff
Nutrient preparations for the manufacture of animal food and feed