EUTM file information

018873123

BN

May 9, 2023

Trademark Summary

The trademark BN was filed by Yves Schmit, a national of the Grand Duchy of Luxembourg (the "Applicant") and Beyond Nutrition SARL, a corporation established under the laws of the Grand Duchy of Luxembourg (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on May 15, 2023, and received one opposition filed on July 4, 2023 by Peak Performance Products S.A. on Likelihood of confusion. the opponent was represented by PATENTANWALTSKANZLEI VIÈL UND WIESKE PARTGMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 4, 2023

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

The Opposition with reference B 003199025 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 18, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 5 with following description of goods:
    1. Dietary supplements and dietetic preparations
    2. Anti-oxidant food supplements
    3. Anti-oxidant supplements
    4. Anti-oxidants comprising enzymes
    5. Anti-oxidants for dietary use
    6. Antioxidants
    7. Dietary supplements for humans
    8. Food supplements consisting of amino acids
    9. Food supplements consisting of trace elements
    10. Food supplements for non-medical purposes
    11. Meal replacement powders
    12. Nutritional supplements consisting primarily of iron
    13. Nutritional supplements consisting primarily of magnesium
    14. Nutritional supplements consisting primarily of zinc
    15. Powdered nutritional supplement drink mix
    16. Vitamin preparations
    17. Vitamins and vitamin preparations
    18. Vitamin and mineral supplements
    19. Mineral dietary supplements for humans
    20. Mineral food supplements
    21. Mineral nutritional supplements
    22. Mixed vitamin preparations
    23. Multi-vitamin preparations
    24. Nutritional supplement meal replacement bars for boosting energy
    25. Nutritional supplements
    26. Protein powder dietary supplements
    27. Soy isoflavone dietary supplements
    28. Soy protein dietary supplements
    29. Vitamin D preparations
    30. Vitamin supplements
    31. Glucose dietary supplements
    32. Enzyme dietary supplements
    33. Food supplements
    34. Dietary supplemental drinks
    35. Dietary supplements consisting of vitamins
    36. Dietary fibre
    37. Dietary and nutritional supplements
    38. Protein supplement shakes
    39. Whey protein dietary supplements
    40. Protein dietary supplements
    41. Protein supplements for animals
    42. Protein supplements
    43. Amino acids for medical purposes
    44. Amino acid preparations for medical purposes
    45. Amino acid preparations for medical use
    46. Amino acid preparations for pharmaceutical use
    47. Preparations of vitamins
    48. Vitamin A preparations
    49. Prenatal vitamins
    50. Liquid vitamin supplements
    51. Vitamin and mineral preparations
    52. Vitamin tablets
    53. Vitamin drinks
    54. Effervescent vitamin tablets
    55. Vitamin and mineral food supplements
    56. Vitamin supplement patches
    57. Gummy vitamins
    58. Mineral supplements
    59. Mineral supplements to foodstuffs
    60. Mineral dietary supplements
    61. Liquid nutritional supplements
    62. Preparations for supplementing the body with essential vitamins and microelements
    63. Liquid dietary supplements
    64. Homeopathic supplements
    65. Dietary supplements
    66. Probiotic supplements
    67. Dietary supplements consisting primarily of magnesium
    68. Nutraceuticals for use as a dietary supplement
    69. Chlorella dietary supplements
    70. Activated charcoal dietary supplements
    71. Dietary supplements in powder form
    72. Dietary supplements consisting primarily of calcium
    73. Herbal supplements
    74. Flaxseed dietary supplements
    75. Nutritional supplements consisting primarily of calcium
    76. Dietary and nutritional preparations
    77. Dietary food supplements
    78. Albumin dietary supplements
    79. Alginate dietary supplements
    80. Lecithin dietary supplements
    81. Anti-inflammatories.
  • The mark was filed in class 32 with following description of goods:
    1. Protein drinks
    2. Mineral water
    3. Mineral waters
    4. Carbonated mineral water
    5. Mineral water [beverages]
    6. Powders for making soft drinks
    7. Powders for the preparation of beverages
    8. Powders used in the preparation of fruit-based beverages
    9. Powders used in the preparation of coconut water drinks
    10. Concentrates for use in the preparation of soft drinks
    11. Concentrates for use in the preparation of energy drinks
    12. Concentrates for use in the preparation of sports drinks
    13. Concentrates for making fruit drinks
    14. Ginger beer
    15. Root beer
    16. Tonic water [non-medicated beverages]
    17. Non-alcoholic flavored carbonated beverages
    18. Non-alcoholic soda beverages flavoured with tea
    19. Fruit flavored soft drinks
    20. Carbonated non-alcoholic drinks
    21. Low-calorie soft drinks
    22. Lemonades.
  • The mark was filed in class 35 with following description of goods:
    1. Publicity and sales promotion services
    2. Product demonstrations and product display services
    3. Sales promotion
    4. Retail services in relation to dietary and nutritional supplements
    5. Wholesale services in relation to dietary and nutritional supplements
    6. Retail services in relation to dietary supplements for humans
    7. Wholesale services in relation to dietary supplements for humans
    8. Retail services in relation to anti-oxidant supplements
    9. Wholesale services in relation to anti-oxidant supplements
    10. Retail services in relation to dietary supplements and dietetic preparations
    11. Wholesale services in relation to dietary supplements and dietetic preparations
    12. Retail services in relation to anti-oxidant food supplements
    13. Wholesale services in relation to anti-oxidant food supplements
    14. Retail services in relation to anti-oxidants comprising enzymes
    15. Wholesale services in relation to anti-oxidants comprising enzymes
    16. Retail services in relation to anti-oxidants for dietary use
    17. Wholesale services in relation to anti-oxidants for dietary use
    18. Retail services in relation to antioxidants
    19. Wholesale services in relation to antioxidants
    20. Retail services in relation to food supplements consisting of amino acids
    21. Wholesale services in relation to food supplements consisting of amino acids
    22. Retail services in relation to food supplements consisting of trace elements
    23. Wholesale services in relation to food supplements consisting of trace elements
    24. Retail services in relation to food supplements for non-medical purposes
    25. Wholesale services in relation to food supplements for non-medical purposes
    26. Retail services in relation to meal replacement powders
    27. Wholesale services in relation to meal replacement powders
    28. Retail services in relation to nutritional supplements consisting primarily of iron
    29. Wholesale services in relation to nutritional supplements consisting primarily of iron
    30. Retail services in relation to nutritional supplements consisting primarily of magnesium
    31. Wholesale services in relation to nutritional supplements consisting primarily of magnesium
    32. Retail services in relation to nutritional supplements consisting primarily of zinc
    33. Wholesale services in relation to nutritional supplements consisting primarily of zinc
    34. Retail services in relation to powdered nutritional supplement drink mix
    35. Wholesale services in relation to powdered nutritional supplement drink mix
    36. Retail services in relation to vitamin preparations
    37. Wholesale services in relation to vitamin preparations
    38. Retail services in relation to vitamins and vitamin preparations
    39. Wholesale services in relation to vitamins and vitamin preparations
    40. Retail services in relation to vitamin and mineral supplements
    41. Wholesale services in relation to vitamin and mineral supplements
    42. Retail services in relation to mineral dietary supplements for humans
    43. Wholesale services in relation to mineral dietary supplements for humans
    44. Retail services in relation to mineral food supplements
    45. Wholesale services in relation to mineral food supplements
    46. Retail services in relation to mineral nutritional supplements
    47. Wholesale services in relation to mineral nutritional supplements
    48. Retail services in relation to mixed vitamin preparations
    49. Wholesale services in relation to mixed vitamin preparations
    50. Retail services in relation to multi-vitamin preparations
    51. Wholesale services in relation to multi-vitamin preparations
    52. Retail services in relation to nutritional supplement meal replacement bars for boosting energy
    53. Wholesale services in relation to nutritional supplement meal replacement bars for boosting energy
    54. Retail services in relation to nutritional supplements
    55. Wholesale services in relation to nutritional supplements
    56. Retail services in relation to protein powder dietary supplements
    57. Wholesale services in relation to protein powder dietary supplements
    58. Retail services in relation to soy isoflavone dietary supplements
    59. Wholesale services in relation to soy isoflavone dietary supplements
    60. Retail services in relation to soy protein dietary supplements
    61. Wholesale services in relation to soy protein dietary supplements
    62. Retail services in relation to vitamin D preparations
    63. Wholesale services in relation to vitamin D preparations
    64. Retail services in relation to vitamin supplements
    65. Wholesale services in relation to vitamin supplements
    66. Retail services in relation to glucose dietary supplements
    67. Wholesale services in relation to glucose dietary supplements
    68. Retail services in relation to enzyme dietary supplements
    69. Wholesale services in relation to enzyme dietary supplements
    70. Retail services in relation to food supplements
    71. Wholesale services in relation to food supplements
    72. Retail services in relation to dietary supplemental drinks
    73. Wholesale services in relation to dietary supplemental drinks
    74. Retail services in relation to dietary supplements consisting of vitamins
    75. Wholesale services in relation to dietary supplements consisting of vitamins
    76. Retail services in relation to dietary fibre
    77. Wholesale services in relation to dietary fibre
    78. Advertising, marketing and promotional services.