The trademark VITALS was filed by Vitals Voedingssupplementen BV, a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on December 2, 2019, and received one opposition filed on February 9, 2020 by ALDI Einkauf SE & Co. oHG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 9, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on October 22, 2023.
Goods And Services
The mark was filed in class 5 with following description of goods:
Food supplements, not for medical use
Vitamins and vitamin preparations, Mineral food supplements
Homeopathic products and preparations
Dietary supplements containing vitamins, Minerals and/or herbs, not for medical purposes, not included in other classes
Dietetic food supplements, not for medical purposes and not included in other classes
Food supplements consisting of herbs, not for medical purposes
Non-medical dietary supplements for beverages
Dietary supplements in liquid or powder form, not included in other classes
None of the aforesaid goods being for use in relation to allergy-related and/or asthma-related disorders for medical use.
The mark was filed in class 35 with following description of goods:
Advertising
Sales promotion
Dissemination of advertising and promotional matter, including via the internet, in the field of food supplements and vitamins
Promotion of food supplements and vitamins
Business mediation in the purchase, sale, import and export of food supplements and vitamins
Arranging of trade fairs and exhibitions for commercial and/or advertising purposes
Provision of commercial information
Public relations services
Conducting of advertising campaigns relating to trade fairs and congresses
Merchandising
Business management
Office functions
The aforesaid services whether or not provided via the Internet
Wholesaling and retailing relating to dietary supplements
The bringing together, for the benefit of others, of food supplements and vitamins, enabling consumers to conveniently compare and purchase those goods and services
Management and compilation of a searchable online database.