The trademark VITAGY was filed by WIN DIRECT, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on July 16, 2013, and received one opposition filed on September 30, 2013 by Fissler GmbH on Likelihood of confusion. the opponent was represented by CMS HASCHE SIGLE PARTNERSCHAFT VON RECHTSANWÄLTEN UND STEUERBERATERN MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 30, 2013
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on April 23, 2015. Change of name and address of the trademark registration was recorded on April 23, 2015.
The Opposition with reference B 002254715 was refused according to Article 8(1)(b) CTMR with decision issued on September 10, 2015 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Bleaching, polishing, scouring, abrasive preparations.
The mark was filed in class 7 with Electromechanical apparatus for the kitchen, Shredders and Mixers for foods, Wine presses and Electric coffee mills, Mesh beaters, Juice extractors, Kneading machines, Electric whisks, Electric tin openers and other electromechanical goods for cooking purposes included in this class and Electric steam cookers, Electric vacuum cleaner, Electric window cleaning machines..
The mark was filed in class 8 with Cutlery, Spoons, Table forks, Knives, Electric steam irons.
The mark was filed in class 11 with following description of goods:
Lighting appliances, Heating, Steam generating, Cooking, Refrigerating, Drying, Ventilation and, Deodorant apparatus, other than for personal use, electric kitchen utensils for household use
Pressure cooking saucepans, electric
Steam apparatus for making cappuccino coffee and hot drinks
Electric ice boxes, Electric appliances for making yogurt, Fondues [cooking apparatus], Electric grill apparatus, hobs (electric cooking apparatus).
The mark was filed in class 21 with Household or kitchen utensils and containers, Frying pans, Blenders, Thermally insulated containers for beverages, Whisks, other than electric, for household purposes, Basins [bowls], Coffee grinders, Cooking skewers, Non-electric food mixers, hand-operated mashers for domestic purposes, Salad bowls, Shakers, Squeezers, Stew-pans, Strainers, Containers for tea, Cabarets (trays), Oil cruets, Egg cups, Non-electric portable coldboxes.