The trademark FERTIVITA was filed by CALDENA Spółka z ograniczoną odpowiedzialnością Spółka Komandytowa, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on August 23, 2016, and received one opposition filed on November 23, 2016 by ECOVEG CHEMICAL EUROPE - CIÊNCIAS NUTRICIONAIS E BIOLÓGICAS, S.A. on Likelihood of confusion. the opponent was represented by FURTADO - MARCAS E PATENTES, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 23, 2016
The application was filed in Polish, and Polish 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 December 4, 2017.
The Opposition with reference B 002808759 was refused according to Article 8(1)(b) EUTMR with decision issued on February 4, 2018 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Manures
Plant hormones (phytohormones)
Ameliorants for the soil
Plant growth regulating preparations
Growth promoters [other than for medical or veterinary use]
Bacteria [other than for medical or veterinary purposes]
Biostimulators (measures affecting the life processes of plants, other than being nutrients)
Chemicals for the protection of plants (other than fungicides, herbicides, insecticides and parasiticides)
Seed preserving substances
Biological activators
Activators [chemicals]
Natural and synthetic plant growth media
Chemical adjuvants for use in agriculture
Chemical adjuvants for use in horticulture
Auxiliary fluids for use with additives for fungicides
Wetting agents for use as adjuvants for plant protection preparations
Growing media for plants
Plant-growth promoters containing microorganisms
Wetting agents for use with agrochemicals
Wetting agents for use in vermin control preparations
Anti-pathogen plant-protecting preparations
Chemical products for inhibiting the growth of weeds.
The mark was filed in class 5 with following description of goods: