The trademark application Total Nutrition was filed by James Meredith, a national of the United Kingdom of Great Britain and Northern Ireland (the "Applicant") and Nigel Meredith, a national of the United Kingdom of Great Britain and Northern Ireland (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). Application refused.
The application was filed in English (Spanish was selected as the second language).
The Refusal with reference B 012652772 was Rejected according to Article 7(1)(b) CTMR with decision issued on May 27, 2014 by the EUIPO. The Refusal with reference B 012652772 was Rejected according to Article 7(1)(b) CTMR with decision issued on May 27, 2014 by the EUIPO. The Refusal with reference B 012652772 was Rejected according to Article 7(1)(b) CTMR with decision issued on May 27, 2014 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Nutritional supplements, food supplements, health supplements, protein supplements, protein/carbohydrate supplements, carbohydrate supplements
All the aforesaid being adapted for dietetic, pharmaceutical, non-pharmaceutical and sports nutrition use and for increasing muscle size, muscle strength, performance, endurance, weight loss and improving general health
All being in powdered, capsule, tablet or liquid form
All being for human consumption.
The mark was filed in class 29 with following description of goods:
Protein milk-based nutritional drink mixes
Milk, milk powder, dried milk-based products and milk products
Nutritionally balanced meals and foodstuffs
Vitamin, mineral and protein enriched foods and foodstuffs
Nutritional foodstuffs
Edible oils and fats
Meat, fish, poultry and game
Meat extracts
Beef jerky
Preserved, dried and cooked fruits and vegetables
Jellies, jams
Edible nuts
Eggs, egg whites, egg yolks, egg yolk solids
All the aforesaid being adapted for dietetic and sports nutrition (non-medical) use and for increasing muscle size, muscle strength, performance, endurance, weight loss and improving general health
All being for use as both meals and meal replacements.
The mark was filed in class 30 with following description of goods:
Nutritional foodstuffs (non-medical)
Flapjacks
Ready to eat cereal derived, protein based food bars
Chocolate coated protein based confectionery
Plain protein based confectionery
Caramel confectionery
Caramel and hazelnut confectionery
Carbohydrate-based nutritional drink mix for use as a meal replacement
Foodstuffs (non-medical) being glucose confectionery
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Preparations and powder for making non-alcoholic beverages
Non-alcoholic beverages and water containing additives to assist fat loss
Beverages for meal replacement
Isotonic beverages
Energy drinks
Flavoured energy drinks
Sports training drinks
Bottled drinking water, flavoured drinking water, mineral and aerated waters and other non-alcoholic drinks
Naturally and artificially flavoured fruit drinks and juices
Protein drinks, and preparations and powders for making such goods
Beers
Syrups and other preparations for making beverages.
The mark was filed in class 41 with Instruction in nutrition, weight reduction planning, weight control and diet regimes and provision of educational information in the fields of physical fitness, nutrition, weight reduction, weight control and diet regimes via a website and online database..