The trademark biotikur was filed by Applied Microbiome Research UG (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 5, 2023, and received one opposition filed on February 4, 2024 by Michalzik, Alexander on Likelihood of confusion. the opponent was represented by RITTERSHAUS Rechtsanwälte PartmbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 4, 2024
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Homeopathic supplements
Anti-oxidant supplements
Dietary supplements
Vitamin supplements
Probiotic supplements
Dietary supplements consisting of vitamins
Nutraceuticals for use as a dietary supplement
Chlorella dietary supplements
Dietary supplements in powder form
Herbal supplements
Flaxseed dietary supplements
Medicinal herbs
Herbs (Medicinal -)
Decoctions of medicinal herb
Medicinal herb infusions
Extracts of medicinal herbs
Medicinal herb extracts
Herbs for medicinal purposes
Meal replacement powders
Meal for pharmaceutical purposes
Bacterial preparations for medical purposes
Prebiotic supplements
Probiotic bacterial formulations for medical use
Probiotic preparations for medical use
Yeast dietary supplements
Probiotic bacterial formulations for veterinary use
Vitamins and vitamin preparations
Vitamin preparations
Preparations of vitamins
Vitamin and mineral supplements
Prenatal vitamins
Liquid vitamin supplements
Vitamin and mineral preparations
Vitamin supplements for animals
Vitamin tablets
Vitamins for animals
Vitamin drinks
Vitamin and mineral food supplements
Gummy vitamins
Mineral supplements
Mineral nutritional supplements
Mineral supplements to foodstuffs
Chinese traditional medicinal herbs
Digestive enzymes
Nutritive substances for microorganisms
Microorganisms (Nutritive substances for -)
Enzyme dietary supplements
Liquid nutritional supplements
Alginate dietary supplements
Pharmaceuticals and natural remedies
Gastroenteric preparations
Organotherapeutic preparations
Medicine
Homeopathic medicines
Antidiarrheal medicines
Herbal medicine
Capsules for medicines
Implantable medicines
Medicines for animals
Medicines for veterinary purposes
Antiallergic medicines
Medicinal beverages
Medicinal herbal extracts for medical purposes
Medicinal healthcare preparations
Medicinal infusions
Infusions (Medicinal -)
Medicinal preparations and substances
Herbal beverages for medicinal use
Confectionery for medicinal purposes
Yeast for pharmaceutical purposes
Yeast extracts for pharmaceutical purposes
Yeast extracts for medical purposes.
The mark was filed in class 29 with following description of goods:
Dried fruits in powder form
Prepared dried fruit mixes
Vegetable extracts for food
Vegetable juice concentrates for food
Dried fruits
Dried fruit
Dried fruit products
Lactic acid bacteria drinks
Yogurt
Yoghurt
Yoghurts
Yoghurt beverages
Kefir [milk beverage]
Kefir
Crystallized fruits
Fruits (Crystallized -)
Fruit desserts
Freeze-dried vegetables
Dehydrated vegetables
Vegetables, processed
Processed vegetables
Lyophilised vegetables
Vegetable powders
Fermented vegetables
Fermented fruits
Fermented vegetables (kimchi)
Fermented vegetable foods [kimchi]
Berries, preserved.
The mark was filed in class 30 with following description of goods:
Processed herbs
Preparations made from cereals
Cereal flour
Foodstuffs made from cereals
Preserved herbs
Garden herbs, preserved [seasonings]
Preserved garden herbs as seasonings
Cereal preparations
Processed cereals
Cereal powders
Yeast
Yeast extracts
Yeast extracts for human consumption
Yeast extracts for food
Yeast powder
Turmeric
Edible turmeric
Turmeric for food.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Beverages (Non-alcoholic -)
Non-alcoholic carbonated beverages
Non-alcoholic drinks
Carbonated non-alcoholic drinks
Alcohol free beverages
Isotonic non-alcoholic drinks
Non-alcoholic flavored carbonated beverages
Smoothies [fruit beverages, fruit predominating]
Fruit beverages
Fruit juices
Fruit juice
Juice (Fruit -)
Fruit beverages and fruit juices
Beverages containing vitamins
Mineral water
Mineral waters.
The mark was filed in class 44 with following description of goods:
Dispensing of dietary supplements
Providing information about dietary supplements and nutrition
Providing information relating to dietary and nutritional supplements