The trademark Probiotical was filed by Astel Medica SA, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on May 3, 2010, and received undefined oppositions.
There are undefined Oppositions claimed against trademark.
The first opposition filed on August 3, 2010 by PROBIÓTICA LABORATÓRIOS, LTDA on Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and its proceedings were handled in French The second opposition filed on July 29, 2010 by nutrimmun GmbH on Likelihood of confusion. the opponent was represented by SCHNEIDERS & BEHRENDT PARTMBB, RECHTS- UND PATENTANWÄLTE and its proceedings were handled in French The third opposition filed on May 20, 2010 by Laboratorios Q Pharma, S.L. on Likelihood of confusion. the opponent was represented by PADIMA and its proceedings were handled in French
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (French was selected as the second language).
A total of undefined cancellation proceedings were initiated against the trademark registration in 2013.The first Cancellation was filed by Probiotical S.p.A. (represented by HOFFMANN EITLE S.R.L.) on January 2, 2019 and Final decision – EUTM partially cancelled.The second Cancellation was filed by Probiotical S.p.A. (represented by HOFFMANN EITLE S.R.L.) on April 10, 2022 and Final decision – EUTM fully cancelled.
Two renewals of the trademark were recorded, one on February 1, 2021, and the other one on August 16, 2021.
Appointment and Replacement of representative of the trademark registration was recorded on September 15, 2016. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on March 23, 2018. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on June 6, 2018. Change of name and address of the trademark registration was recorded on June 11, 2018. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on January 16, 2019. Appointment and Replacement of representative of the trademark registration was recorded on January 31, 2019. Change of name and professional address of the trademark registration was recorded on May 13, 2020. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on April 12, 2022.
The Appeal with reference B R0824/2012-1 was Proceedings terminated according to Article 58 CTMR with decision issued on December 5, 2012 by the EUIPO. The Appeal with reference B R2760/2019-2 was No decision on cancellation according to Article 99 EUTMR with decision issued on January 22, 2021 by the EUIPO. The Appeal with reference B R2760/2019-2 was No decision on cancellation according to Article 8(1)(b) EUTMR with decision issued on October 8, 2021 by the EUIPO. The Appeal with reference B R2456/2020-2 was Remitted on Article 7(3) EUTMR according to Article 53(3) EUTMR with decision issued on July 20, 2021 by the EUIPO. The Opposition with reference B 001701815 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on March 29, 2012 by the EUIPO. The Cancellation with reference B 000022701 was Cancellation totally upheld and EUTM/IR partially revoked according to Article 58(1)(a) EUTMR with decision issued on September 27, 2018 by the EUIPO. The Cancellation with reference B 000020464 was EUTM cancelled according to Article 60(1)(c) EUTMR with decision issued on October 17, 2019 by the EUIPO. The Cancellation with reference B 000020464 was EUTM cancelled according to Article 60(1)(c) EUTMR with decision issued on January 10, 2022 by the EUIPO.