The trademark FIT FOODS was filed by DPB Meats Limited, a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on November 22, 2022, and received one opposition filed on February 5, 2023 by HIJOS DE ANTONIO JUAN, S.L. on Likelihood of confusion. the opponent was represented by Ungría López, Javier and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 5, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and address of the trademark registration was recorded on September 27, 2022. Change of name and address of the trademark registration was recorded on September 9, 2024. Change of name and address of the trademark registration was recorded on September 9, 2024. Change of name and address of the trademark registration was recorded on September 9, 2024.
The Opposition with reference B 003189815 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 16, 2024 by the EUIPO. The Appeal with reference B R0917/2024-1 was Trade mark application allowed according to Article 66 EUTMR with decision issued on January 16, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Vitamin supplements
Mineral supplements
Dietary supplements
Nutritional supplements
Probiotic supplements
Calcium supplements
Homeopathic supplements
Food supplements
Protein supplements
Herbal supplements
Enzyme dietary supplements
Flaxseed dietary supplements
Linseed dietary supplements
Mineral food supplements
Protein dietary supplements
Dietary food supplements
Mineral dietary supplements
Lecithin dietary supplements
Medicated food supplements
Liquid herbal supplements
Mineral nutritional supplements
Liquid vitamin supplements
Anti-oxidant supplements
Anti-oxidant food supplements
Dietary supplements for infants
Royal jelly dietary supplements
Vitamin and mineral supplements
Protein powder dietary supplements
Acai powder dietary supplements
Soy protein dietary supplements
Food supplements for sportsmen
Fitness and endurance supplements
Whey protein dietary supplements
Dietary supplements for controlling cholesterol
Food supplements in liquid form
Nutritional supplements consisting primarily of magnesium
Nutritional supplements consisting primarily of zinc
Nutritional supplements consisting of fungal extracts
Dietary supplements consisting primarily of iron
Dietary supplements consisting primarily of magnesium
Dietary supplements consisting primarily of calcium
Nutritional supplements consisting primarily of calcium
Nutritional supplements consisting primarily of iron
Food supplements for non-medical purposes
Health food supplements made principally of vitamins
Health food supplements made principally of minerals
Health-aid foods supplements containing ginseng
Vitamin preparations in the nature of food supplements
Herbal dietary supplements for persons special dietary requirements
Dietary supplements for humans not for medical purposes
Health food supplements for persons with special dietary requirements
Nutritional supplements made of starch adapted for medical use.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Preserved, frozen, dried and cooked fruits and vegetables
Prepared dishes consisting principally of any of the foregoing
Preparations for making broth, bouillon, soups and stocks
Soups, broths and bouillons
Edible oils and fats
Peanuts, prepared
Jellies, jams, compotes
Eggs
Milk, milk shakes and milk products
Soya milk
Yoghurts
Dairy puddings
Formed texture vegetable protein for use as a meat substitute
Mixes for making puddings, puddings in powder form
Flavourings for beverages
Ice cream drinks
Ice beverages with a chocolate base, ice beverages with a coffee base, ice beverages with a cocoa base
Coffee drinks, cocoa drinks, coffee based drinks, chocolate based drinks
Herbal preparations for making beverages
Tea based beverages
Chamomile based beverages
Chocolate syrups for the preparation of chocolate based beverages
Bases for making milk shakes
Pizzas, pizza bases, frozen pizzas, fresh pizzas, pizza spices, pizza sauces, pizza dough, pizza mixes, preparations for making pizza bases
Sauces, fruit sauces, savoury sauces, sauces for ice cream, pasta sauces, canned sauces, salad sauces, salsa sauces, curry sauces, herb sauces, tomato based sauces, mayonnaise based sauces, sauces for barbecued meats, sauces for frozen fish, chocolate sauces, prepared foodstuffs in the form of sauces.
The mark was filed in class 32 with following description of goods:
The mark was filed in class 35 with The bringing together of a variety of goods, enabling customers to conveniently view, order and purchase those goods in a retail or wholesale premises, from an online or off-line retail or wholesale merchandise catalogue and/or retail or wholesale website, namely supplements, food and beverage products.