The trademark HILDEGARD GRÜNKRAFT was filed by Nikolaj Posch, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on May 12, 2019, and received one opposition filed on August 12, 2019 by fit GmbH on Likelihood of confusion. the opponent was represented by PATENT- UND RECHTSANWÄLTE ULLRICH & NAUMANN PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 12, 2019
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on March 2, 2021. Change of name and address of the trademark registration was recorded on April 27, 2022.
The Opposition with reference B 003091784 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 19, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Tailors' and cobblers' wax.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Dental preparations and articles
Dental preparations and articles
Pharmaceuticals and natural remedies
Diagnostic preparations and materials
Live organs and tissues for surgical purpose
Medical dressings, coverings and applicators
Activated charcoal for adsorption of toxins for medical purposes
Amino acid preparations for medical purposes
Amino acid preparations for veterinary use
Antibiotics for fish
Bacterial preparations for veterinary purposes
Bacterial preparations for medical and veterinary use
Bacterial preparations for medical purposes
Bacterial poisons
Breath refreshers for medical purposes
Antibiotic food supplements for animals
Drug delivery agents in the form of edible wafers for wrapping powdered pharmaceuticals
Drug delivery agents in the form of dissolvable films that facilitate the delivery of pharmaceutical preparations
Drug delivery agents that facilitate the delivery of pharmaceutical preparations
Drug delivery agents in the form of coatings for tablets that facilitate the delivery of pharmaceutical preparations
Medicines for veterinary purposes
Breath-freshening chewing gum for medicinal purposes
Bacteriological preparations for medical purposes
Bacteriological preparations for veterinary purposes
Bark extract for medical use
Bark extract for veterinary use
Bark powder for medical use
Bark powder for veterinary use
Biochemical preparations for medical use
Biochemical preparations for veterinary use
Biological tissue cultures for medical purposes
Biological tissue cultures for veterinary purposes
Biological indicators for monitoring sterilization processes for medical or veterinary purposes
Mixed biological preparations for medical purposes
Biological preparations for medical purposes
Biological preparations for veterinary purposes
Blood for medical purposes
Blood components
Leeches for medical purposes
Blood substitutes
Blood plasma
Blood protein fractions
Cantharides preparations for medical use
Cantharides preparations for veterinary use
Chemical contraceptives
Chemical preparations for medical purposes
Chemical preparations for veterinary purposes
Antipyretic preparations
Rubbing alcohol
Gases for medical purposes
Gases and gas mixtures for medical imaging use
Gas mixtures for medical use
Vascular grafts [living tissue]
First-aid boxes, filled
Gelatine for medical purposes
Cachets for medicinal purposes
Capsules for medicines
Cachets for pharmaceutical purposes
Capsules sold empty for pharmaceuticals
Cardiovascular agents for medical purposes
Gravel as a digestive aid for birds
Adhesives for affixing prostheses
Bone cement for surgical and orthopaedic purposes
Cooling sprays for medical purposes
Medicated additives for animal foods
Fodder additives for medical purposes
Medicinal healthcare preparations
Medical adhesives for binding internal tissue
Medical adhesives for binding wounds
Medical preparations
Cellular function activating agents for medical purposes
Preparations for use in naturopathy
Medicated after-shave lotions
Mud for baths
Medicinal mud
Cord blood
Cord blood for medical purposes
Nutritional supplements for veterinary use
Mineral food preparations for medical purposes
By-products of the processing of cereals for medical purposes
Nucleic acid sequences for medical and veterinary purposes
Ear candles for therapeutic purposes
Radioactive elements for medical use
Radioactive substances for medical purposes
Diagnostic radiopharmaceutical preparations
Radiotherapeutic hormones
Radium for medical purposes
Reagents for use in medical genetic testing
Reagents for medical use
Reagents for use in veterinary genetic testing
Oiled paper for medical purposes
Stem cells for veterinary purposes
Strengthening supplements containing parapharmaceutical preparations for prophylactic purposes and for convalescents
Tobacco-free cigarettes for medical purposes
Therapeutic preparations for the bath
Thermal water
Animal dips [preparations]
Animal sperm
Animal semen for artificial insemination
Medicinal clay preparations
Pre-filled syringes for medical purposes
Hydrogen peroxide for medical purposes
Arsenic detoxification agents for medical purposes
Benzol detoxification agents for medical purposes
Cellulose esters for pharmaceutical purposes
Cellulose ethers for pharmaceutical purposes
Surgical cements
Teat dips for dairy cows.
The mark was filed in class 29 with following description of goods:
Meats
Dairy products and dairy substitutes
Sausage casings, natural or artificial
Fish, seafood and molluscs, not live
Edible oils and fats
Soups and stocks, meat extracts
Processed fruits, fungi and vegetables (including nuts and pulses)
Birds eggs and egg products
Prepared insects and larvae.
The mark was filed in class 30 with following description of goods:
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas and cocoa and substitutes therefor
Salts, seasonings, flavourings and condiments
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Bread
Pastries, cakes, tarts and biscuits (cookies)
Cereal bars and energy bars
Sweets (candy), candy bars and chewing gum
Eight-treasure rice pudding
Apple fritters
Flavoured sugar confectionery
Bakery goods
Meringues
Sandwich spread made from chocolate and nuts
Bread pudding
Jam buns
Biscotti dough
Chocolate decorations for christmas trees
Cocoa based creams in the form of spreads
Custard
Dessert mousses [confectionery]
Dessert souffles
Ice confectionery
Peanut confectionery
Peanut brittle
Chocolate based products
Decorations [edible] for christmas trees
Edible rice paper
Edible paper
Viennoiserie
Ready-to-eat puddings
Crème caramel
Deep-fried dough sticks (Youtiao)
Fried dough twists
Chocolate coated fruits
Pavlovas made with hazelnuts
Frozen yogurt pies
Confectionery ices
Frozen confections on a stick
Frozen confectionery containing ice cream
Frozen dairy confections
Fruit jellies [confectionery]
Salted wafer biscuits
Dried sugared cakes of rice flour (rakugan)
Ginseng confectionery
Semolina pudding
Oat clusters containing dried fruit
Halvah
Boiled confectionery
Foodstuffs containing cocoa [as the main constituent]
Croissants
Instant dessert puddings
Japanese sponge cakes (kasutera)
Canapes
Marshmallow topping
Marzipan
Marzipan substitutes
Creamed rice
Hot chocolate mixes
Almonds covered in chocolate
Chocolate-coated sugar confectionery
Mousse confections
Muesli desserts
Non-medicated mint confectionery
Non-medicated chocolate confectionery
Nougat
Chocolate coated nougat bars
Nut confectionery
Chocolate-coated nuts
Cakes of sugar-bounded millet or popped rice (okoshi)
Pandoro
Panettone
Chocolate for confectionery and bread
Chocolate for toppings
Chocolate with alcohol
Chocolate with Japanese horseradish
Chocolate spreads for use on bread
Chocolate decorations for confectionery items
Chocolate-based spreads
Chocolate spreads containing nuts
Chocolate flavourings
Sweet pounded rice cakes (mochi-gashi)
Panned sweets (Non-medicated -)
Orange based confectionery
Potato flour confectionery
Confectionery in liquid form
Confectionery in frozen form
Confectionery containing jelly
Confectionery having liquid fruit fillings
Confectionery having liquid spirit fillings
Vla [custard]
Waffles
Chocolate waffles
Waffles with a chocolate coating
Wafered pralines
Soft pin-rolled cakes of pounded rice (gyuhi)
Graham crackers
Snack foods consisting principally of confectionery
Coated nuts [confectionery]
Yorkshire puddings
Cinnamon rolls
Sugar-coated coffee beans
Confectionery for decorating Christmas trees
Cotton candy
Cocoa-based ingredients for confectionery products.
The mark was filed in class 32 with following description of goods:
Soft drinks
Preparations for making beverages
Beer and brewery products.
The mark was filed in class 33 with following description of goods: