The trademark LEMI was filed by SonnenMoor Verwertungs- und Vertriebs-GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on February 9, 2020, and received one opposition filed on March 24, 2020 by LABORATORIOS ERN, S.A. on Likelihood of confusion. the opponent was represented by PONTI & PARTNERS, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 24, 2020
The application was filed in German, and German 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:
Mineral peloids being food supplements
Liquid herbal extracts for consumption
Herbal food supplements.
The mark was filed in class 30 with following description of goods:
Herbal sprays (not medicinal)
Tea
Infusions, not medicinal
Spices
Herb sauces
Herbal flavourings
Herbal flavourings for making beverages
Herbal preparations for making beverages
Flavourings, other than essential oils, for beverages
Processed herbs
Dried herbs
Preserved herbs
Dried herbs for culinary purposes
Herbal powder for culinary purposes
Mineral peloids for culinary purposes, consisting mainly of processed herbs with mud powder, mud water, minerals or trace elements
Mud and mud powder for human consumption, consisting mainly of processed herbs with added mineral peloids, minerals or trace elements
Mineral peloids being dietetic foods, not for medical purposes, consisting mainly of processed herbs with peat, peat powder, minerals or trace elements
Herbal extracts [other than essential oils] being dietetic foods, not for medical purposes
Sweetmeats [candy]
Sugarless sweets
Herbal candies, not for medical purposes
Herbal candies with peat, not for medical purposes
Flour and preparations made from cereals
Bread
Bread rolls
Bread doughs
Mixes for the preparation of bread
Bread concentrates
Bun mix
Mixes for the preparation of bread
Ready-made baking mixtures
Bread with peat
Bread rolls with peat
Pastries
Cookies
Biscuits with peat
Biscuits with spelt flour and peat
Biscotti, Biscotti dough
Cheese curls, bread sticks [snacks]
Cheese curls, bread sticks [snacks] with spelt flour and peat
Yeast
Baking powder
Salt
Noodles
Noodles with peat
Dietetic foods, not for medical purposes, consisting mainly of processed herbs with mineral peloids, minerals or trace elements