The trademark FUELYOURBODY was filed by ROBCLOUT BEHEER B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on April 28, 2022, and received one opposition filed on July 11, 2022 by THG Nutrition Limited on Likelihood of confusion. the opponent was represented by HGF BV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 11, 2022
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:
Pharmaceutical and medical preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Food supplements for humans and Preparations for nutritional use for humans
Vitamins, Vitamin supplements, Vitamin tablets and Vitamin preparations
Vitamin fortified beverages for medical purposes
Minerals, Mineral supplements and preparations made with minerals, For medical purposes
Dietary food supplements for human consumption and Dietetic preparations for human consumption, Including the following goods: Powders, Bar forms, (effervescent) tablets, Capsules, jelly (jellies), Beverages and preparations for making beverages
Powders for use as food substitutes
Dietary fiber to aid digestion
Dietetic and non-dietetic beverages adapted for medical purposes
Protein supplement shakes
Protein dietary supplements, Protein powder dietary supplements
Whey protein preparations
Medical and dietetic protein drinks.
The mark was filed in class 8 with Hand tools and implements [hand-operated] and Cutlery and Spoon and fork combinations..
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Sportswear
Athletic shoes
Toe socks
Straps and belts
Scarves and neckties
Peaked caps, caps
Gloves and mittens.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry, game, Meat substitutes and Fish alternatives
Meat extracts
Preserved, frozen, dried, chipped, cooked and processed fruits and vegetables
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yoghurt and other milk products
Oils and fats for food
Nuts, prepared
Peanut butter
Ready/ready to eat meals, Convenience meals and Savoury snack foods, The aforesaid goods made of the following goods: Meat, Fish, not live, Poultry, Game, not live, Meat substitutes, Fish alternatives, Shellfish and crustaceans, Vegetables, Fruits, Potatoes and/or Nuts, Including prepared meals for after doing sport.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and substitutes therefor
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Breakfast cereals, Including oatmeal
Bread, pastry and confectionery
Yeast, baking-powder
Salt, condiments, spices, preserved herbs
Vinegar, sauces (condiments), and other spices
Dressings, including in spray form
Ice [frozen water]
Pancakes
Cereal and energy bars with increased protein content, including muesli bars
Powdered sugar for preparing isotonic beverages
Ready-to-serve meals, Convenience foods and Savoury snacks, The aforesaid goods based on the following products: Rice, Pasta, Noodles, Flour and preparations made from cereals and Bread products, Including prepared meals for after doing sport.
The mark was filed in class 32 with following description of goods:
Soft drinks
Carbonated mineral water
Fruit beverages and fruit juices
Syrups and other preparations for making non-alcoholic beverages
Isotonic beverages
Protein-enriched sports beverages.
The mark was filed in class 35 with following description of goods:
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Pharmaceutical and medical preparations, Sanitary preparations for medical purposes, Dietetic food and substances adapted for medical or veterinary use, Food for babies, Food supplements for human nutrition, Food preparations for humans, vitamins, Vitamin supplements, Vitamin tablets and Vitamin preparations, Vitamin fortified beverages, for medical purposes
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Minerals, mineral supplements and Mineral preparations Adapted for medical purposes, dietary supplements for human consumption, Dietetic preparations for human consumption, Including the following goods: powders, Bars, (effervescent) tablets, Capsules, Jellies, beverages and preparations for making beverages
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Powders for use as food substitutes, Dietary fiber to aid digestion, Beverages, including being dietary, Adapted for medical purposes, Shakes containing protein supplements, Protein dietary supplements, Protein powder dietary supplements, Whey protein preparations, Medical and dietetic protein drinks
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Hand-operated hand tools and implements, Cutlery, Spoons, forks and Spoon and fork combinations
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Articles of clothing, Shoes and headgear, Sportswear, sports shoes, Ankle socks, Straps and belts, Scarves and neckties, Bonnets and caps, gloves and mittens
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Meat, Fish, poultry, Game, Meat substitutes, Fish alternatives, Meat extracts, Preserved fruit and vegetable, frozen fruits and vegetables, dried fruits and vegetables, cooked fruits and vegetables, processed fruits and vegetables and Cut fruits and vegetables, Jellies, jams, compotes, Eggs, milk cheese butter yogurt and other milk products, Oils and fats for food, Nuts (fruits), Peanut butter
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: ready meals, Convenience foods and savoury snack foods, The aforesaid goods made of the following products: Meat, Fish, poultry, Game, Meat substitutes, Fish alternatives, Cephalopods and shellfish, Vegetables, Fruit, Potatoes and/or Nuts (fruits), Including prepared meals for after doing sport
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Coffee, tea, cocoa and substitutes therefor, rice, pasta and noodle products, Tapioca and sago, Flour and preparations made from cereals, Breakfast cereals, Including oatmeal, Bread loaves, Pastry and confectionery, Yeast, Baking powders, Salt, condiments, spices, preserved herbs, Vinegar, Sauces (condiments) and other spices, Dressings, including in spray form
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: ready meals, Convenience foods and savoury snack foods, The aforesaid goods made of the following products: rice, pastes, Noodles, Flour and preparations made from cereals and Bread products, Including prepared meals for after doing sport, Ice (frozen water), Pancakes, Cereal and energy bars with increased protein content, including muesli bars, Powdered sugar for preparing isotonic beverages
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Non-alcoholic beverages, Mineral and aerated waters, Fruit drinks and fruit juices, Syrups and other preparations for making non-alcoholic beverages, Isotonic beverages, proteināenriched sports beverages
Business intermediary services in the purchase and sale, import and export, And wholesaling and retailing in relation to the following goods: Foodstuffs, drink items and Sporting articles
Provision of commercial information
Promotional activities
Organisation of events for commercial and advertising purposes
Compilation and management of data files
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.