The trademark AgriFIT was filed by BAT Agrar GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 1, 2022, and received one opposition filed on July 21, 2022 by ESSECO S.R.L. on Likelihood of confusion. the opponent was represented by FENCER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 21, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on January 23, 2024.
Goods And Services
The mark was filed in class 1 with following description of goods:
Potting soil
Soil for growing
Prepared soils
Rare earths
Organic potting soil
Substrates used in agriculture, horticulture and forestry
Biological preparations for use in industry and science
Chemicals for use in agriculture
Fertilizing preparations
Fertilizers
Horticulture growing media
Biofertilizers
Nitrogen biofertilizers
Biofertilizers for use in soil treatment
Biological activators
Ameliorants for the soil
Inoculants [other than for medical or veterinary use]
Mulch for soil enrichment in agricultural environments
Preparations for fortifying plants
Organic digestate [fertilizer]
Soil amendments
Seaweeds [fertilizers]
Nutrients for algae
Manures with added microorganisms
Mixtures of chemicals and microorganisms for sterilizing compost
Plant-growth regulators containing microorganisms
Plant-growth promoters containing microorganisms
Mixtures of chemicals and microorganisms for fertilizing compost
Enzyme preparations for the processing of waste matter
Biofertilizers for use in seed treatment
Chemical preparations for the treatment of seeds
Seed preserving substances
Peat for the cultivation of seeds
Seed dressings for preservation
Seed treatments for preservation
Genes of seeds for agricultural production
Additives (Chemical -) for use in fermentation
Fermentation extract
Cultures of microorganisms used in the fermentation of silage
Wetting agents for use as adjuvants for plant protection preparations
Chemicals for use as aversion agents by virtue of their taste
Chemicals for use as aversion agents by virtue of their odour
Natural microorganisms used in pond maintenance
Microorganisms for use in water treatment
Cultures of microorganisms, other than for medical and veterinary use
Preparations of microorganisms, other than for medical and veterinary use
Prepared wax for grafting trees
Tree cavity fillers [forestry]
Protective balm for injuries of trees
Grafting wax for trees
Grafting mastic for trees
Rock fibres for use in agriculture
Minerals in powder form for industrial use
Gluten for the food industry
Biological additives for converting vegetation into silage
Biological additives for converting vegetation into agricultural feeds
Mixtures of chemicals and microorganisms for increasing the nutritional value of animal fodder [other than for veterinary use]
Mixtures of chemicals and microorganisms for use on hay in producing silage [other than for veterinary use]
Enzymes for use in the processing of food by-products
Biological additives for converting crops into compost
Soil amendment agents [other than sterilising]
Soil conditioning substances [other than sterilising]
Soil conditioners for inoculation into the soil preparatory to the sowing of seeds [other than sterilising].
The mark was filed in class 5 with following description of goods:
Herbicides
Biological herbicides
Agricultural biopesticides
Fungicides
Biological fungicides
Insecticides
Insecticides for agricultural use
Animal dips [preparations]
Insect repellents for use on animals
Disinfectants
Bacteria fighting cleanser
Antiseptic cleansers
Pesticides
Agricultural pesticides
Dietary supplements for animals
Veterinary preparations and substances
Vitamin and mineral preparations
Trace element preparations for use by animals
Pharmaceutical preparations for veterinary use
Greases for medical or veterinary purposes
Feed supplements for veterinary use
Biological preparations for veterinary purposes
Chemical preparations for veterinary purposes
Bacterial preparations for veterinary purposes
Medicines for veterinary purposes
Pest control preparations and articles
Vitamins for animals
Protein supplements for animals
Mineral dietary supplements for animals
Feeding stimulants for animals
Pharmaceuticals
Veterinary preparations
Medical preparations
Sanitary preparations for medical purposes
Dietetic foods adapted for medical purposes
Dietetic food adapted for veterinary use
Dietetic substances adapted for veterinary use
Dietetic preparations adapted for medical use
Dietary supplements for human beings and animals
Food for babies
Plasters, materials for dressings
Dressings, medical
Dental impression materials
Teeth filling material
Preparations for destroying noxious animals.
The mark was filed in class 31 with following description of goods:
Raw and unprocessed forestry products
Raw and unprocessed agricultural products
Raw and unprocessed horticultural products
Raw and unprocessed aquacultural products
Flowers
Trees and forestry products
Crop seeds
Seedlings for planting
Seeds for planting
Sowing seeds
Seeds for flowers
Flower bulbs
Onions
Seedlings
Natural plants
Seeds, bulbs and seedlings for plant breeding
Helichrysum [shrub]
Malts and unprocessed cereals
Fruit, fresh
Vegetables, fresh
Nuts being fresh
Garden herbs, fresh
Organic fresh vegetables
Organic fresh fruit
Organic fresh herbs
Unprocessed sugar beets
Unprocessed corn
Potatoes, fresh
Fungi
Malt for brewing and distilling
Live bee pupae
Bee pollen (Unprocessed -)
Residues from malt treatment for use as an animal feed
Malt for animals
Beverages for pets
Milk-based foodstuffs for animals
Pulses [foodstuffs for animals]
Starch pulp [animal feed]
Meal for consumption by animals
Feeding substances for bees
Feeding preparations for bees
Foodstuffs and fodder for animals
Bedding and litter for animals
Algae for human or animal consumption
Animal foodstuffs derived from hay
Foodstuffs for horses
Foodstuffs for poultry
Animal foodstuffs in the form of pellets
Animal foodstuffs for the weaning of animals
Yeast for animal fodder
Straw
Foodstuffs for animals containing botanical extracts
Soy sauce cakes [animal feed].
The mark was filed in class 35 with following description of goods:
Export agency services
Import-export agency services
Grain market analysis
Business management consultancy
Commercial information agency services
Retail services in relation to chemicals for use in agriculture
Wholesale services in relation to chemicals for use in agriculture
Retail services in relation to horticulture products
Wholesale services in relation to horticulture products
Retail services in relation to compost
Wholesale services in relation to compost
Retail services in relation to fertilizing preparations
Wholesale services in relation to fertilizing preparations
Retail services in relation to fertilizers
Wholesale services in relation to fertilizers
Retail services in relation to raw and unprocessed agricultural products
Wholesale services in relation to raw and unprocessed agricultural products
Retail services in relation to seeds for planting
Wholesale services in relation to seeds for planting
Retail services in relation to dietary supplements for animals
Wholesale services in relation to dietary supplements for animals
Retail services in relation to veterinary preparations and substances
Wholesale services in relation to veterinary preparations and substances
Retail services in relation to beverages for pets
Wholesale services in relation to beverages for pets
Retail services in relation to feeding substances for bees
Wholesale services in relation to feeding substances for bees
Retail services in relation to foodstuffs and fodder for animals
Wholesale services in relation to foodstuffs and fodder for animals
Retail services in relation to bedding and litter for animals
Wholesale services in relation to bedding and litter for animals
Wholesale services in relation to algae for human or animal consumption
Retail services in relation to algae for human or animal consumption.
The mark was filed in class 39 with following description of goods:
Storage
Bulk storage
Storage of cargo before transportation
Storage of agricultural foodstuffs
Consultancy services relating to storage
Information services relating to refrigerated storage
Providing information relating to the rental of warehouse space
Storage and delivery of goods
Import and export cargo handling services
Wrapping and packaging services
Storage information
Advisory services relating to the storage of goods
Transportation information
Provision of information relating to the transport of freight
Transportation logistics
Transport services
Transport brokerage
Freight and transport brokerage
Transport of farm products
Hauling
Car transport
Railway transport
Leasing of pallets for the transport or storage of goods
Rental of storage containers
Rental of storage facilities
Leasing of warehouse units
Vehicle rental.
The mark was filed in class 42 with following description of goods:
Laboratory testing
Laboratory services for agricultural research
Laboratory services for soil analysis.
The mark was filed in class 44 with following description of goods: