EUTM file information

008242695

BioKing


April 23, 2009

Trademark Summary

The trademark BioKing was filed by Philipp Loicht Organic Food GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on August 2, 2009, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on November 2, 2009 by Burger King Corporation on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and its proceedings were handled in English The second opposition filed on October 26, 2009 by EBRO FOODS, S.A. on Likelihood of confusion. the opponent was represented by Garreta Rodríguez, María José and its proceedings were handled in English The third opposition filed on August 30, 2009 by MEICA Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GLAWE, DELFS, MOLL and its proceedings were handled in German

It was designated 'Basic Application' for International Application 1022617 at the World Intellectual Property Organization (WIPO).

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

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2012.The first Cancellation was filed by Norma Lebensmittelfilialbetrieb Stiftung & Co. KG (represented by BETTEN & RESCH PATENT- UND RECHTSANWÄLTE PARTGMBB) on October 14, 2021 and Final decision on costs – Request withdrawn.

The renewal of the trademark was recorded by the office on April 1, 2019.

Change of name and professional address of the trademark registration was recorded on October 23, 2011. International trade mark of the trademark registration was recorded on August 7, 2012. A transfer of the trademark registration was recorded on August 19, 2015. A transfer of the trademark registration was recorded on May 26, 2019. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on March 8, 2021. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on October 19, 2021.

The Opposition with reference B 001547382 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on April 29, 2012 by the EUIPO. The Opposition with reference B 001557779 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on March 28, 2011 by the EUIPO. The Opposition with reference B 001573008 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on April 26, 2012 by the EUIPO.


Goods And Services

  • The mark was filed in class 3 with following description of goods:
    1. Bleaching preparations and other substances for laundry use
    2. Cleaning, polishing, scouring and abrasive preparations
    3. Soaps
    4. Perfumery, essential oils, cosmetics, hair lotions
    5. Dentifrices.
  • The mark was filed in class 5 with following description of goods:
    1. Pharmaceutical products
    2. Pharmaceutical preparations for supplementing food
    3. Preparations for health care
    4. Dietetic substances adapted for sanitary purposes, in particular with added vitamins
    5. Vitamin preparations
    6. Food supplements for medical and non-medical purposes, included in class 5, including with a base of vitamins and/or minerals and/or trace elements, and combinations thereof
    7. Vitamin, mineral and trace element preparations, and combinations thereof
    8. Nutricosmetics and cosmaceuticals (pharmaceutical preparations).
  • The mark was filed in class 31 with following description of goods:
    1. Agricultural, horticultural and forestry products and grains not included in other classes
    2. Live animals
    3. Fresh fruits and vegetables
    4. Seeds, natural plants and flowers, except ornamental plants and cut flowers
    5. Foodstuffs for animals, malt
    6. Seaweed for human and animal consumption.