The trademark application go OPTIMIZE was filed by Food Scouts Trends GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). Application refused.
The application was filed in German (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on December 18, 2018.
The Refusal with reference B 017972744 was Rejected according to Article 7(1)(b) EUTMR with decision issued on May 25, 2019 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Meal replacement powders
Food supplements
Fibre (Dietary -)
Dietary fiber to aid digestion
Dietetic sugar for medical use
Protein supplement shakes
Mineral food supplements
Herbal supplements
Nutritional supplements
Nutritional supplement meal replacement bars for boosting energy
Preparations for use as additives to food for human consumption [medicated].
The mark was filed in class 29 with following description of goods:
Fruit-based meal replacement bars
Fruit-based snack food
Nut-based meal replacement bars
Nut-based food bars
Soy-based food bars
Snack foods based on nuts
Fruit- and nut-based snack bars
Nut and seed-based snack bars
Snack mixes consisting of processed fruits and processed nuts
Snack mixes consisting of dehydrated fruit and processed nuts
Drinking yogurts.
The mark was filed in class 30 with following description of goods:
Chocolate-based meal replacement bars
Breakfast cereals containing fibre
Muesli
Muesli bars
Muesli desserts
Cereal bars and energy bars
Cereal bars and energy bars
Snacks manufactured from muesli
Muesli consisting predominantly of cereals
Cereal products in bar form
Cereal based energy bars
Porridge
Food mixtures consisting of cereal flakes and dried fruits
Breakfast cereals
Breakfast cereals containing fruit
Cereal bars
Cereals prepared for consumption by humans.
The mark was filed in class 32 with following description of goods:
Smoothies
Smoothies
Smoothies containing grains and oats
Isotonic drinks
Waters [beverages]
Nutritionally fortified beverages
Nutritionally fortified water.
The mark was filed in class 41 with following description of goods:
Provision of educational services relating to diet
Instruction in diet [not medical]
Conducting training courses relating to diet online
Exercise [fitness] advisory services
Physical training services
Provision of educational services relating to exercise
Health and fitness training
Sports and fitness
Consultancy relating to physical fitness training
Physical fitness consultation
Provision of educational services relating to fitness
Physical fitness instruction for adults and children
Training services relating to fitness
Educational services relating to physical fitness
Instruction courses relating to physical fitness
Keep fit instruction services
Exercise instruction
Provision of information relating to physical training via an online web site
Conducting training sessions on physical fitness online
Education services relating to nutrition
Provision of instruction relating to nutrition
Conducting training courses relating to nutrition online.
The mark was filed in class 44 with following description of goods:
Dietetic advisory services
Dietetic advisory services
Dietetic advisory services
Nutrition counseling
Nutrition counseling
Nutrition and dietetic consultancy
Services rendered by a dietician
Nutrition counseling
Nutrition counseling
Nutritional advice
Nutritional advice
Dietetic advisory services
Providing nutritional information about food for medical weight loss purposes
Providing nutritional information about drinks for medical weight loss purposes
Providing information about dietary supplements and nutrition.