The trademark BON VIVANT FOOD was filed by BON VIVANT, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 8, 2022, and received one opposition filed on September 6, 2022 by FLANDRIEN on Likelihood of confusion. the opponent was represented by K.O.B. N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 6, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Protein [raw material]
Proteins for the food industry
Proteins for use in the manufacture of food supplements
Raw materials, in particular Whey proteins
Whey proteins, for the food industry.
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Conditioning creams
Lotions for cosmetic purposes
Hair lotions
Phytocosmetic preparations
Cosmetics in the form of powders
Facial care preparations
Hair preparations and treatments
Shampoos.
The mark was filed in class 5 with following description of goods:
Whey protein dietary supplements
Dietary supplements and dietetic preparations
Dietary and nutritional supplements
Dietary supplemental drinks
Protein dietary supplements
Protein powder dietary supplements
Dietary supplements for infants
Dietary supplements for animals
Dietary supplement drink mixes
Lotions for pharmaceutical purposes
Pharmaceutical preparations for skin care.
The mark was filed in class 29 with following description of goods:
Milk and milk substitutes
Milk products and substitutes for milk products
Butter and butter substitutes
Milk product substitutes based on animal and milk proteins, obtained using fermentation
Milk substitute beverages
Food products, in particular Milk products based on animal and milk proteins from fermentation
Non-dairy yogurt
Milk beverages, milk predominating
Cream [dairy products] and Artificial cream (dairy product substitutes) Milk ferments for culinary purposes
Milk shakes
Milk shakes
Yoghurt.
The mark was filed in class 30 with following description of goods:
Dietary goods based on synthetic plant proteins from fermentation, excluding the following goods: Bread, Pastries and Confectionery products
Protein-based snacks or ingredients derived from fermentation for the preparation of other foodstuffs, excluding the following goods: Bread and Foodstuffs based on pastry and confectionery
Ice cream and Ice cream substitute, made from the following products: Synthetic milk proteins
Vegan ice cream, made from the following products: Synthetic milk proteins
Ice for refreshment
Unprocessed ice, Natural ice or Artificial ice, made from the following products: Synthetic milk proteins
Edible ices, made from the following products: Synthetic milk proteins
Water ice, made from the following products: Synthetic milk proteins
Frozen yoghurt [confectionery ices], made from the following products: Synthetic milk proteins
Yeast for producing milk proteins
Ice cream, made from the following products: Synthetic milk proteins.
The mark was filed in class 32 with following description of goods:
Soft drinks except beer
Wheybeverages or Beverages based on milk protein from fermentation except beer
Protein drinks
Whey beverages
Protein-enriched sports beverages
Smoothies
Smoothies
Preparations for making non-alcoholic beverages except for beer.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Spirits [beverages]
Wine.
The mark was filed in class 35 with following description of goods:
Retailing or wholesaling, in relation to the following goods: Food and beverages based on synthetic milk proteins, except bread and food based on pastry and confectionery and except cheese and beer
Wholesale services for alcoholic beverages
Retail services of alcoholic beverages
Online retail services relating to cosmetics
Retail services in relation to: Food based on synthetic milk proteins, except bread and food based on pastry and confectionery and except cheese and beer
Wholesale services in relation to: Food based on synthetic milk proteins, except bread and food based on pastry and confectionery and except cheese and beer
Retail services in relation to dietary supplements
Wholesale services in relation to dietary supplements
Wholesale distribution, in relation to the following goods: Food based on synthetic milk proteins and beverages, except bread and food based on pastry and confectionery and except cheese and beer.
The mark was filed in class 42 with following description of goods:
Culturing of cells for scientific research purposes
Technological consultancy
Scientific laboratory services
Research and development of new products for others In the agri-food field relating to food made from proteins from fermentation
Biological research
Scientific research
Technical research
Research and development services In connection with the following goods: Food and drinks based on proteins
Research relating to the production of proteins via fermentation techniques
Technical consultancy, Research and development services In connection with the following goods: Food or drink and Food ingredients
Technical consultancy, Research and development in relation to the following fileds: Fermentation technique
Engineering services, in relation to the following fileds: Proteins from fermentation