EUTM file information

018122865

SMART

September 10, 2019

Trademark Summary

The trademark SMART was filed by Body & Fit Sportsnutrition B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on May 14, 2020, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on August 16, 2020 by Energy Brands Inc. on Likelihood of confusion. the opponent was represented by BARDEHLE PAGENBERG PARTNERSCHAFT MBB PATENTANWÄLTE, RECHTSANWÄLTE and its proceedings were handled in English The second opposition filed on August 12, 2020 by GoodMills Innovation GmbH on Likelihood of confusion. the opponent was represented by HAUCK PATENTANWALTSPARTNERSCHAFT MBB and its proceedings were handled in English

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

A transfer of the trademark registration was recorded on March 21, 2021.

Goods And Services

  • The mark was filed in class 5 with following description of goods:
    1. Dietary and nutritional supplements
    2. Dietary food supplements
    3. Dietary and nutritional supplements in the form of drinks and drink mixes
    4. Dietary and nutritional supplements containing amino acids
    5. Powdered protein and vitamin enriched drink mixes
    6. Plant based protein supplements
    7. Mineral supplements
    8. Multivitamins and vitamin preparations
    9. Nutritional supplement for boosting energy
    10. Meal replacement powders
    11. Nutritional supplement meal replacement bars containing protein
    12. Snack foods enriched with vitamins, consisting primarily of plant based proteins, namely fibre.
  • The mark was filed in class 29 with following description of goods:
    1. Dairy based beverages and snack food excluding ice cream
    2. Yogurt
    3. Yogurt-based smoothies
    4. Yogurt based drinks
    5. Dairy puddings
    6. Fruit purees
    7. Apple sauce (compote)
    8. Albumen for culinary purposes
    9. Coconut oil
    10. Organic coconut oil
    11. Edible casein
    12. Edible oils
    13. Edible pollen, egg
    14. Egg substitutes
    15. Vegetable-based snack food
    16. Nut-based snack food
    17. Peanut butter
    18. Preserved, frozen and dried snack food, namely nut butters and dried fruits
    19. Meat extracts
    20. Frozen prepared meals, mainly meat, fish and poultry
    21. Packaged meal combinations namely potato based snack foods, fruit based snack foods, dairy based snack food and/or meal or nut based snack foods
    22. Hazelnut spreads
    23. Potato-based snack foods, bars, chips and crisps
    24. Snack mixes including nuts, seeds, pecans, almonds, cashews, sunflowers seeds, hazelnut, sesame seeds, macadamia, pistachios, pumpkin seeds, flaxseed and/or dates
    25. Organic no-sugar-added nut and fruit based snack foods
    26. Snack foods enriched with vitamins, consisting primarily of whey or soy
    27. Pre-packaged and ready-to eat meals consisting predominantly of fish, eggs, meat, poultry, vegetables, meat substitutes.
  • The mark was filed in class 30 with following description of goods:
    1. Sandwich wraps containing protein and fiber
    2. Cocoa
    3. Cocoa spreads
    4. Seasonings
    5. Coffee and tea
    6. Honey
    7. Confectionary, including cakes, wafers, waffles
    8. Chocolate and chocolate products
    9. Ready-to-eat puddings
    10. Protein puddings
    11. Cookies and wafers consisting primarily of whey protein
    12. Popcorn
    13. Microwave popcorn
    14. Unpopped popcorn
    15. Flavour-coated popcorn
    16. Seasoned popcorn
    17. Energy bars
    18. Protein based energy bars
    19. Snack foods enriched with protein and vitamins, consisting of cocoa
    20. Snack foods enriched with vitamins, consisting primarily of plant based proteins, namely pulses, tofu, soya, tempeh, nut, seeds edamame, lentils, chickpeas, beans
    21. Cereal based, oat based, grain based snack foods, bars, chips and crisps, consisting primarily of whey protein
    22. Pre-packaged and ready-to eat meals consisting predominantly of reduced carbohydrate, noodles, quinoa or pasta
    23. Flavoured ice
    24. Pasta
    25. Rice based snack foods
    26. Fruit sauces.