The trademark TerraFol was filed by Null Jerzy Maciejewski AGROCONSULT, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on February 8, 2024, and received one opposition filed on May 6, 2024 by OLMIX, société anonyme on Likelihood of confusion. the opponent was represented by SELARL AVOXA RENNES and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 6, 2024
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003216873 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 29, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Fertilisers and chemicals used in agriculture, horticulture and forestry, mixtures of chemical substances and natural materials for use as fertilisers, nutritional substances (fertilisers), strengthening substances for plants, plant growth regulating preparations, seed preserving substances, surfactants, soil conditioning preparations
Fertilisers, and chemicals for use in agriculture, horticulture and forestry
Amino acids for industrial purposes
Additives (Chemical -) for compost
Chemicals for use in the agrochemical industry
Chemicals for use in the prevention of environmental damage to plants
Additives (Chemical -) for the soil
Chemical additives for pesticides
Additives (Chemical -) for fertilisers
Fermentation extract
Gases for use in agriculture
Acids derived from plant sources
Chemical reagent mixtures in kit form, other than for medical or veterinary use
Inorganic chemical compounds
Ammonium nitrate fertilizer
Chemical preparations for stabilizing soil
Biological preparations for use in manufacture
Bactericidal preparations [other than for medical and veterinary use]
Chemical preparations for preventing pathogenic infections in plants
Industrial organic chemicals
Industrial inorganic chemicals
Wetting agents for use with agrochemicals
Wetting agents for use as adjuvants for plant protection preparations
Chemical substances for the manufacture of insect repellents
Chemical substances for the protection of the environment
Biofertilizers for use in seed treatment
Biofertilizers for use in soil treatment
Fertilizers for domestic use
Fertilizers
Nitrogen biofertilizers
Manures obtained by the treatment of refuse with earthworms
Mixtures of chemicals and natural materials for use as agricultural fertilizers
Chemicals for the protection of plants [other than fungicides, weedkillers, herbicides, insecticides, parasiticides]
Fertilizer compositions
Chemicals for use in the therapy of environmental damage on plants
Chemical adjuvants for use in forestry
Chemical adjuvants for use in horticulture
Chemical adjuvants for use in agriculture
Compost, manures, fertilizers
Hormones for hastening the ripening of fruit and vegetables
Granulated limestone for agricultural purposes
Genes of seeds for agricultural production
Mixtures of chemicals and microorganisms for increasing the nutritional value of animal fodder [other than for veterinary use]
Chemical fertilizers
Biofertilizers
Nitrogenous fertilizers
Complex fertilizer
Bacterial preparations for use in agriculture
Bacterial preparations for use in forestry
Bacterial preparations for use in horticulture
Seed coatings [fertilizer]
Mineral products for use in growing plants
Chemical preparations for the treatment of seeds
Chemicals for use in the agrochemical industry [other than fungicides, weed killers, herbicides, insecticides, parasiticides]
Anti-pathogen plant-protecting preparations
Plant-growth promoters containing microorganisms
Soil conditioning preparations for enhancing the growth of agricultural products
Soil conditioners for agricultural purposes
Seed preserving substances
Seed treatments for preservation
Chemicals for use in the manufacture of insect growth regulators
Yield promoters for crops
Preservatives for plants
Ameliorants for the soil
Peat [fertilizer]
Artificial plant-cultivation soil
Artificial manures
Nutritional substances [fertilizers] in liquid form for use in agriculture
Coated adhesives for agricultural use in pest control
Prepared soils for the germination of seeds
Rock fibres for use in agriculture
Seed dressings for preservation
Dressings for seeds
Brewers' grain [fertilizer]
Chemicals for use in coating agricultural seeds [other than fungicides, herbicides, insecticides, parasiticides]
Chemicals for use in horticulture [other than fungicides, weedkillers, herbicides, insecticides, parasiticides].
The mark was filed in class 31 with following description of goods:
Agricultural, horticultural and forestry products and grains, Seeds for planting, Foodstuffs for animals, Seeds coated with a fertilizer
Seeds coated with a fertilizer
Seeds, bulbs and seedlings for plant breeding
Unprocessed seeds for agricultural use
Seeds coated with an anti-parasitic preparation
Pulses [foodstuffs for animals]
Mixed animal feed
Wildlife seed mixtures
Cereal based foodstuffs for animals
Stall food for animals
Wheat proteins for animal food
Animal feed preparations
Cereals preparations being food for animals
Feeding preparations for bees
Grains for animal consumption
Processed cereals for consumption by animals.
The mark was filed in class 35 with following description of goods:
Wholesaling, retailing, and online sale of fertilisers and chemicals used in agriculture, horticulture and forestry, mixtures of chemical substances and natural materials for use as fertilisers, preparations for destroying vermin, insecticides, fungicides, herbicides, grains and agricultural, horticultural and forestry products, seeds, foodstuffs for animals, seeds coated with a fertiliser
Advertising
Marketing
Sales promotion for others
Business management
Business administration
Office functions
Management of loyalty programmes, customer incentive programmes and promotion programmes
Organisation of trade fairs, exhibitions and presentations for commercial or advertising purposes, including online via computer networks
Organisation of trade and promotional fairs
Management, Business organisation and assistance
Opinion polling and surveys
Business inquiries
Provision of commercial information
Retail and wholesale services in relation to the following goods: Mixtures of chemicals and natural materials for use as agricultural fertilisers, Mixtures of chemical reagents in kit form, Not for medical use or Not for veterinary use, Moisturising agents for use as adjuvants for plant protection preparations
Retail and wholesale services in relation to the following goods: Chemical preparations for use in the agrochemical industry [other than fungicides, weed killers, herbicides, insecticides and parasiticides], mixtures of chemical products and microorganisms for enhancing nutritional value of animal foodstuffs Not for veterinary use, Chemicals for use in the manufacture of insect growth regulators
Retail and wholesale services in relation to the following goods: Plant substrates, Animal manure, Manures, Seeds, Mixed animal feed, feeding preparations for bees, Grains.