EUTM file information

018900994

PhytoFerm targeted bio-transforming fermentation technology

July 12, 2023

Trademark Summary

The trademark PhytoFerm targeted bio-transforming fermentation technology was filed by FERMEDICS BV, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on August 17, 2023, and received one opposition filed on October 30, 2023 by PHYTOPHARM Klęka S. A. on Likelihood of confusion. the opponent was represented by Fert, Jakubiak vel Wojtczak, Wróblewski - rzecznicy patentowi sp.p. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 30, 2023

The application was filed in Dutch, and Dutch 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 February 5, 2024.

The Opposition with reference B 003205747 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 21, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 1 with following description of goods:
    1. Additives (Chemical -) for use in fermentation
    2. Additives (Chemical -) for use in the preparation of animal foodstuffs
    3. Alginates for the food industry
    4. Antioxidants and proteins used in the manufacture of cosmetics, food products and food supplements
    5. Antioxidants for use in manufacture
    6. Antioxidants for use in the manufacture of food
    7. Antioxidants for use in the manufacture of food supplements
    8. Antioxidants for use in the manufacture of pharmaceuticals
    9. Bacteria for use in food manufacture
    10. Bacterial cultures for addition to food products
    11. Bacterial preparations for the food industry
    12. Botanical extracts for use in making cosmetics
    13. Carrageenin for use in the manufacture of food
    14. Casein for the food industry
    15. Chemical additives for food
    16. Chemical and organic compositions for use in the manufacture of food
    17. Chemical preparations for use in the food industry
    18. Chemical seasonings [for food manufacture]
    19. Chemical supplements for use in the manufacture of vitamins
    20. Cultures of microorganisms for industrial purposes
    21. Defoamers for use in the food processing industry
    22. Emulsifiers for use in the food processing industries
    23. Emulsifiers for use in the manufacture of foods
    24. Enzyme preparations for the food industry
    25. Enzymes derived from natto for use in the manufacture of nutritional supplements
    26. Enzymes for food
    27. Enzymes for the food industry
    28. Enzymes for use in fermentation
    29. Enzymes for use in foodstuffs
    30. Enzymes for use in the manufacture of nutraceuticals
    31. Enzymes for use in the processing of food by-products
    32. Fermentation extract
    33. Fermentation extracts for industrial purposes
    34. Fermented kombucha in powder form for the food industry
    35. Fermented or non-fermented Rhodiola or Rhodiola extracts for use in the manufacture of food supplements
    36. Fermented or non-fermented Rhodiola or Rhodiola extracts in powder form for use in the manufacture of food supplements
    37. Fermented plants or plant extracts for use in the manufacture of food supplements
    38. Fermented plants or plant extracts in powder form for use in the manufacture of food supplements
    39. Fermented red rice for use in the manufacture of nutritional supplements
    40. Fermented rice bran for use in the manufacture of nutritional supplements
    41. Fermented tea extracts in powder form for use in the manufacture of food supplements
    42. Ferments for chemical purposes
    43. Food preservative compositions
    44. Food protein as a raw material
    45. Fruit extracts for use in the manufacture of food
    46. Isoflavone for preparing foodstuffs
    47. Lecithin for industrial use in the manufacture of food products
    48. Milk ferments for the food industry
    49. Mixtures of chemicals and microorganisms for increasing the nutritional value of animal fodder [other than for veterinary use]
    50. Nattokinase, derived from natto as a raw material for food supplements
    51. Plant extracts for the food industry
    52. Plant extracts for use in the manufacture of cosmetics
    53. Plant extracts for use in the manufacture of food
    54. Plant extracts for use in the manufacture of pharmaceuticals
    55. Polysaccharides for use in fermentation
    56. Probiotic bacteria for the food industry
    57. Probiotic bacterial cultures for the food industry
    58. Probiotic bacterial formulations [other than for medical use]
    59. Probiotic compositions for use as ingredients for food, namely, probiotic bacteria and probiotic bacterial cultures
    60. Protein for food for human consumption [raw material]
    61. Protein for industrial use
    62. Protein for use in the manufacture of cosmetics
    63. Proteins for the food industry
    64. Proteins for use in fermentation technology
    65. Proteins for use in manufacture
    66. Proteins for use in the manufacture of food supplements
    67. Raw chemicals
    68. Raw materials [chemical] for the formulation of cosmetic products
    69. Red yeast rice in powder form for use in the manufacture of food supplements
    70. Stabilisers for vitamins
    71. Stabilising agents for use in food
    72. Tea extracts for industrial purposes
    73. Tea extracts for the food industry
    74. Tea extracts for use in the manufacture of cosmetics
    75. Tea extracts for use in the manufacture of pharmaceuticals
    76. Theanine
    77. Vitamin K2, extracted from natto as raw material for nutritional supplements.
    78. Vitamins for industrial and/or manufacturing use
    79. Vitamins for the food industry
    80. Vitamins for use in the manufacture of cosmetics
    81. Vitamins for use in the manufacture of food supplements
    82. Vitamins for use in the manufacture of pharmaceuticals
    83. Withanolide for use in the food industry
    84. None of the aforementioned goods intended for the manufacture of wine, beer and other alcoholic and non-alcoholic beverages.
  • The mark was filed in class 5 with following description of goods:
    1. Amino acids for medical purposes
    2. Amino acids for nutritional purposes
    3. Amino acids for veterinary purposes
    4. Animal feed supplements
    5. Anti-oxidant food supplements
    6. Anti-oxidant supplements
    7. Antioxidants
    8. Anti-oxidants comprising enzymes
    9. Anti-oxidants for dietary use
    10. Anti-oxidants for medicinal use
    11. Anti-oxidants obtained from herbal sources
    12. Artificial sweeteners adapted for diabetics
    13. Cholesterol reducers
    14. Delivery agents in the form of coatings for tablets or of dissolvable films that facilitate the delivery of nutritional supplements
    15. Dietary and nutritional supplements
    16. Dietary fiber as an additive for food products
    17. Dietary fiber for use as an ingredient in the manufacture of dietary supplements
    18. Dietary fiber to aid digestion
    19. Dietary fibre
    20. Dietary food supplements
    21. Dietary supplement for eliminating toxins from the intestinal tract
    22. Dietary supplemental drinks
    23. Dietary supplements
    24. Dietary supplements consisting of vitamins
    25. Dietary supplements for controlling cholesterol
    26. Dietary supplements for humans not for medical purposes
    27. Dietary supplements with a cosmetic effect
    28. Dietetic foods adapted for medical purposes
    29. Dietetic foods for use in clinical nutrition
    30. Dietetic infusions for medical use
    31. Digestives for pharmaceutical purposes
    32. Dried plant parts and herbs for medical use
    33. Drug delivery agents
    34. Enzyme dietary supplements
    35. Enzyme food supplements
    36. Extracts of medicinal herbs
    37. Ferments for medical or veterinary use
    38. Ferments for pharmaceutical purposes
    39. Flavonoids for use as a dietary supplement
    40. Food supplements
    41. Food supplements based on fermented ashwagandha
    42. Food supplements based on fermented ginger
    43. Food supplements based on fermented or non-fermented Rhodiola or Rhodiola extracts
    44. Food supplements based on fermented tea
    45. Food supplements based on kombucha
    46. Food supplements based on powdered protein
    47. Food supplements consisting of amino acids
    48. Food supplements consisting of trace elements
    49. Food supplements containing red yeast rice
    50. Food supplements containing theanine
    51. Food supplements for non-medical purposes
    52. Food supplements, namely, anti-oxidants
    53. Fungal extracts sold as a component ingredient of nutritional supplements and vitamins
    54. Garlic dietary supplements
    55. Health food supplements made principally of minerals
    56. Health food supplements made principally of vitamins
    57. Herbal beverages for medicinal use
    58. Herbal extracts for medical purposes
    59. Herbal preparations for medical use
    60. Herbal supplements
    61. Herbal teas for medicinal purposes
    62. Homeopathic pharmaceuticals
    63. Homeopathic supplements
    64. Homogenized food adapted for medical purposes
    65. Liquid herbal supplements
    66. Medicated and sanitising soaps and detergents
    67. Medicated animal feed
    68. Medicated creams
    69. Medicated food supplements
    70. Medicated supplements for foodstuffs for animals
    71. Medicinal drinks
    72. Medicinal herbs
    73. Medicinal infusions
    74. Medicinal sprays
    75. Medicinal tea
    76. Medicines for the treatment of gastrointestinal diseases
    77. Mineral nutritional supplements
    78. Natural dietary supplements
    79. Natural herbal supplements
    80. Nutraceutical preparations for therapeutic or medical purposes
    81. Nutraceuticals for therapeutic purposes
    82. Nutraceuticals for use as a dietary supplement
    83. Nutritional additives for medical purposes for use in foods and dietary supplements for human consumption
    84. Nutritional supplement for eliminating toxins from the body
    85. Nutritional supplement for eliminating toxins from the intestinal tract
    86. Nutritional supplement meal replacement bars for boosting energy
    87. Nutritional supplements
    88. Nutritional supplements, namely, probiotic compositions
    89. Pharmaceutical drugs
    90. Pharmaceutical preparations for activating cellular function
    91. Pharmaceuticals
    92. Phytotherapy preparations for medical purposes
    93. Plant and herb extracts for medicinal purposes
    94. Plant and herb extracts for medicinal use
    95. Plant extracts for medical, veterinary and pharmaceutical purposes
    96. Powdered nutritional supplement concentrate
    97. Powdered nutritional supplement drink mix
    98. Prebiotic supplements
    99. Preparations for use as additives to food for human consumption [medicated]
    100. Probiotic bacterial formulations for medical use
    101. Probiotic bacterial formulations for veterinary use
    102. Probiotic preparations for medical use to help maintain a natural balance of flora in the digestive system
    103. Probiotic supplements
    104. Protein supplements
    105. Supplements for foodstuffs for animals
    106. Tonics for medical use
    107. Vitamin and mineral supplements
    108. Vitamin and mineral supplements for pets/animals
    109. Vitamin and mineral supplements for use as ingredients in the food and pharmaceutical industry
    110. Vitamin preparations in the nature of food supplements
    111. Vitamins
    112. Yeast or yeast extracts for medical, veterinary or pharmaceutical purposes
    113. None of the aforementioned goods intended for the manufacture of wine, beer and other alcoholic and non-alcoholic beverages.