018676836

ULTIMUM

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March 22, 2022

Trademark Summary

The trademark ULTIMUM was filed by N. V. Nutricia, a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on April 4, 2022, and received one opposition filed on July 3, 2022 by PHARMALYS LABORATORIES SA on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BIRD & BIRD (Netherlands) LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 3, 2022

The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).

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Goods And Services

• The mark was filed in class 5 with following description of goods:
  
  1. Food for special medical purposes
  2. Dietetic substances adapted for medical use
  3. Food for babies, infants and invalids
  4. Food for babies with special nutritional needs
  5. Milks for babies and infants
  6. Non-dairy and plant-based milks for babies and infants, namely milks derived from plants, vegetables, cereals, grains, nuts, seeds, beans and fruits
  7. Nutritional dietary supplements for medical use
  8. Nutritional products for medical usage
  9. Cereals for infants
  10. Vitamin preparations
  11. Dietetic foods for pregnant, lactating and breast feeding women
  12. Dietetic milk for pregnant, lactating and breast feeding women
  13. Nutritional supplements
  14. Dietetic foods adapted for medical purposes
  15. Dietary fiber.
• The mark was filed in class 29 with following description of goods:
  
  1. Milk and milk products
  2. Powdered milk
  3. Milk powder
  4. Non-dairy and plant-based powdered milk and milk powder, namely powdered milk and milk powder derived from plants, vegetables, grains, nuts, seeds and fruits
  5. Flavoured milk
  6. Flavoured milk-based drinks
  7. Condensed milk
  8. Fermented milk
  9. Non-dairy and plant-based milk and milk products, namely milks derived from plants, vegetables, grains, nuts, seeds, beans and fruits
  10. Frozen, prepared or packaged hand-held meals consisting primarily of meat, fish, poultry, or vegetables
  11. Snack food primarily consisting of fruits and nuts
  12. Fruit-based snack foods
  13. Yogurt
  14. Yogurt-based snack foods
  15. Yogurt drinks
  16. Freeze-dried fruit and yogurt snacks
  17. Freeze-dried fruits and vegetables in the form of a chip
  18. Fruit purees
  19. Soya milk (milk substitute)
  20. Bean milk powder.
• The mark was filed in class 30 with following description of goods:
  
  1. Cereals and preparations made from cereals
  2. Breakfast cereals
  3. Cereal bars
  4. Muesli
  5. Snack food, cereal-based
  6. Snack food, rice-based
  7. Biscuits
  8. Flour.