The trademark PURE GOLD ORGANIC was filed by János Bichis, a national of Hungary (the "Applicant"). The application was published for oppositions on February 16, 2016, and received one opposition filed on May 16, 2016 by Mothers Polishes Waxes Cleaners Incorporated on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law. the opponent was represented by STOBBS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 16, 2016
The application was filed in Hungarian, and Hungarian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Food supplements
Dietary supplements and dietetic preparations
Hygienic preparations and articles
Mineral dietary supplements for humans
Mineral nutritional supplements
Dietary supplements consisting of vitamins
Herbal dietary supplements for persons special dietary requirements
Vitamin preparations
Vitamin supplements
Vitamin drinks
Vitamins and vitamin preparations
Mixed vitamin preparations
Vitamin preparations in the nature of food supplements
Health food supplements made principally of vitamins
Vitamin tablets
Vitamin and mineral supplements.
The mark was filed in class 10 with following description of goods:
Medical and veterinary apparatus and instruments
Physical therapy equipment
Feeding aids and pacifiers
Orthopedic and mobility aids
Medical furniture and bedding, equipment for moving patients.
The mark was filed in class 29 with Processed fruits, fungi and vegetables (including nuts and pulses).
The mark was filed in class 39 with following description of goods:
Transport
Shipping
Packaging of goods
Packaging and storage of goods.
The mark was filed in class 44 with Hygienic care for human beings and Hygienic and beauty care..