The trademark NUTRIFLEX 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 October 10, 2021, and received one opposition filed on January 10, 2022 by Australasian Conference Association Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by METIDA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 10, 2022
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
Proteins for use in the manufacture of food supplements
Proteins for use in the manufacture of beverages
Proteins for use in the food industry
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
Plant-based substances, additives and texturants for use in the food and beverage and animal food industry
Plant-based food additives
Rheology modifying compositions, other than for medical use
Binding agents for industrial use
Binding agents for the food and beverage and animal food industry
Hydrocolloids for industrial use
Hydrocolloids for the food and beverage and animal food industry and for use in nutritional supplements
Xanthan gum
Pectin
Sorbitol
Psyllium
Guar gum for industrial purposes
Citrus fiber for industrial purposes
Tara gum for industrial purposes
Emulsifiers
Polyols
Methylcellulose
Starch for industrial use
Preparations containing vitamins, minerals, nutrients, starch, fiber and/or proteins for use in the food and beverage and animal food and feed industry
Preparations containing proteins, vitamins, minerals or other nutrients for use in the manufacturing of dietary supplements for human use
Plant‐based preparations for use in the manufacturing of dietary supplements for human use
Food additives based on plant extracts for use in the manufacturing of dietary supplements for human and animal use
Plant‐based rheology modifying compositions for use in the manufacturing of dietary supplements for human and animal use
Preparations containing proteins, vitamins, minerals or other nutrients for use in the manufacturing of dietary supplements for human and animal use
Dietary fibre for use as an ingredient in the manufacture of dietary supplements.
The mark was filed in class 29 with following description of goods:
Oils for food
Formed vegetable protein for use as a meat substitute
Textured vegetable protein used as a meat extender
Unformed textured vegetable protein for use as a meat substitute
Dairy substitutes
Preparations for making dairy substitutes
Ingredients for dairy substitutes
Meat substitutes
Preparations for making meat substitutes
Ingredients for meat substitutes
Processed vegetables, processed mushrooms, processed beans, processed pulses, processed nuts, seeds or mixtures thereof all for culinary purposes
Processed vegetables, processed mushrooms
Processed beans, processed pulses, processed nuts, processed seeds or mixtures thereof for use as ingredients in food or beverage products
Plant-based texturants for food or beverages
Vegetable-based texture improvers for food or beverages
Lecithin for culinary purposes
Pectin for culinary purposes
All the afore-mentioned goods being exclusively intermediate products and not finished products, and being exclusively for use by manufacturers of food and beverages and not for use in the medical field.
The mark was filed in class 30 with following description of goods:
Processed grains, processed rice, processed cereals or processed tapioca
Processed grains, processed rice, processed cereals or processed tapioca for use as food or beverage ingredients
Processed, flaked, powdered or textured grains, rice, cereals or tapioca for use as meat substitute or meat extender
Processed, flaked, powdered or textured grains, rice, cereals or tapioca for use in dairy substitutes
Proteins based on grains, cereals, rice or tapioca for use in food or beverage products or for culinary purposes
Gluten additives for culinary purposes
Gluten for use as food ingredient
Blends and mixtures of the afore-mentioned products
Texturants based on grains, cereals, rice or tapioca for use in food or beverages
Processed grains, processed rice, processed cereals, processed tapioca or mixtures thereof for use as food or beverage ingredients
Processed grains, processed rice, processed cereals or processed tapioca or mixtures thereof for use as meat substitute or dairy substitute
Maltodextrin for nutritional use
Guar gum for culinary purposes
Psyllium for culinary purposes
Starch for food
Fiber for use in the manufacture of food or beverages and for use as a food additive
All the afore-mentioned goods being exclusively intermediate products and not finished products, and being exclusively for use by manufacturers of food and beverages and not for use in the medical field.
The mark was filed in class 31 with following description of goods:
Fortified food substances for animals
Plant-based proteins and nutrients for animal food
Preparations for animal foodstuff
Animal food and feed.
The mark was filed in class 42 with Product design and development, namely, development of foodstuff, beverage products, animal food und nutritional supplements and Product design and development, namely, development of product formulations, concentrates, nutrients, ingredients, texturants, essences, flavorings, dairy substitutes, seafood substitutes, meat substitutes, specialized nutrition products, colors, semi-finished products as well as of blends of the afore-mentioned goods, all for use in the food and beverage industry as well as in animal food industry and nutritional supplements..