The trademark ALBIOR was filed by DYNAMETIS, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 13, 2022, and received one opposition filed on September 8, 2022 by GIULIANI S.P.A. on Likelihood of confusion. the opponent was represented by BARZANO' & ZANARDO MILANO S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 8, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on June 14, 2023.
The Opposition with reference B 003178439 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 26, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Probiotic bacteria for the food industry
Probiotic bacterial cultures for the food industry
Bacteria for use in food manufacture
Bacterial preparations for the food industry
Proteins for use in fermentation technology
Proteins for use in the manufacture of food supplements
Plant extracts for use in the manufacture of cosmetics
Plant extracts for use in the manufacture of food
Plant extracts for use in the manufacture of food
Vitamins for use in the manufacture of food supplements
Vitamins for use in the manufacture of cosmetics
Vitamins for the food industry
Microbiotic organisms, other than for medical use
Calcium
Plant extracts for use in the manufacture of pharmaceuticals.
The mark was filed in class 3 with following description of goods:
Ethereal oils
Natural essential oils
Essential vegetable oils
Oils for cosmetic purposes
Food flavourings [essential oils]
Essential oils for aromatherapy use
Essential oil-based creams for aromatherapy use
Herbal extracts for cosmetic purposes
Moisturising creams
Hydrating creams for cosmetic use
Bath herbs.
The mark was filed in class 30 with following description of goods:
Kombucha
Herbal preparations for making beverages
Tea
Theine-free tea
Tea-based beverages with fruit flavoring
Iced tea
Fermented tea.
The mark was filed in class 35 with following description of goods:
Retail services in relation to dietary supplements
Wholesale services in relation to dietary supplements
Online retail services in relation to food supplements
Providing of information on the Internet, Relating to sales
Online retail services relating to cosmetics
Retail services for cosmetics
Wholesale services for cosmetics
Online retailing of dietary supplements
Retailing relating to dietary supplements
Wholesaling of dietary supplements
Online retail services in relation to the following goods: pro biotic preparations and Prebiotic products
Retail services in relation to the following goods: pro biotic preparations and Prebiotic products
Wholesale services in relation to the following goods: pro biotic preparations and Prebiotic products
Online retail services in relation to the following goods: Phytotherapy products
Retail and wholesale services in relation to the following goods: Phytotherapy products
Wholesale services in relation to the following goods: Phytotherapy products.
The mark was filed in class 42 with following description of goods:
Research and development in the field of microorganisms and cells
Scientific research for medical purposes in the area of cancerous diseases
Research of foodstuffs
Product research and development
Research and development in the field of biotechnology
Research and development services in the field of bacteriology
Consultancy relating to research and development in the field of therapeutics
Consultancy relating to pharmaceutical research and development
Research and development, In connection with the following goods: Medicinal plants
Research and development in relation to the following fileds: Medicinal plants
Research and development, in relation to the following fileds: Naturopathy.
The mark was filed in class 44 with following description of goods:
Providing information about dietary supplements and nutrition
Providing information relating to dietary and nutritional supplements