NURITAS - 255060

Administrative Decision Number255060
Date06 March 2019
opponentAurivo Co-Operative Society Ltd
SectionTrade Marks Act, 1996 - 2018 - Current
In the matter of an application for the registration of Trade Mark No. 255060 and in the matter of
an Opposition thereto.
The Application
1. On 5 May 2016 Nuritas Limited (hereinafter “the Applicant”) of 3 Westland Court,
Cumberland Street South, Dublin 2 made application (No. 2016/00925) under Section 37 of
the Trade Marks Act, 1996 (“the Act”) to register NURITAS as a trade mark in respect of the
following goods:
Class 1: Protein hydrolysates; protein hydrolysate powders; vegetable protein hydrolysate
powders; dairy protein hydrolysate powders; peptide preparations; protein
hydrolysates for use in making food products, nutritional supplements, cosmetics,
personal care products and pharmaceuticals.
Class 3: Personal care preparations; cosmetics; make-up; skin creams, gels and lotions;
shampoo; conditioner; shower gel; body wash; soap; liquid soaps; hari gel and
mouse; hairspray; suntan lotion; emolients; skin lubricants; perfume; aftershave;
deodorant; mouthwash; toothpaste; dental floss.
Class 5: Food supplements; nutritional supplements; dietetic food and beverages; infant
formula; food for special medicinal purposes; wound dressings; plasters;
pharmaceutical, medical and veterinary preparations; sanitary preparations for
medical purposes.
Class 29: Milk and milk products; meat, fish and poultry; edible oils and fats; jellies, jams
and compotes; eggs.
Class 30: Breakfast cereals; products made from cereal; rice; flour; bread; pastries;
confectionary; sauces; tea; coffee; ice cream; condiments.
Class 31: Foodstuffs for animals.
Class 32: Beer; non-alcoholic beverages; syrups and other preparations for making
2. The application was accepted and published in Journal No. 2312 on 27 July 2016. Notice of
Opposition to the registration of the mark, pursuant to Section 43 of the Act, was filed on 30
August 2016 by Aurivo Co-operative Society Limited (hereinafter “the Opponent”) of
Finisklin Business Park, Finiskin, County Sligo, Ireland.
3. The Applicant filed a counter-statement on 15 November 2016 and evidence was then filed
under Rules 20, 21 and 22 of the Trade Mark Rules, 1996 (“the Rules”). The Applicant
attended a hearing on the matter on 18 July 2018, while the Opponent elected not to attend the
Hearing and not to file written submissions in lieu of attending.
4. Acting for the Controller, I decided to uphold the opposition in part and to refuse to allow the
application to proceed to registration in respect of the following:
(a) All goods in Class 31; and
(b) Food supplements; nutritional supplements; dietic food and beverages; veterinary
preparations in Class 5;
I also decided to limit the registration in respect of “food for special medicinal purposes” and
pharmaceutical and medical preparations” in Class 5 to include a qualification that such
goods are exclusively for human use. Furthermore, I decided to allow the mark to proceed to
registration in respect of all other goods.
5. The parties were informed of my decision by way of letter dated 23 July 2018. I now state the
grounds of my decision and the materials used in arriving thereat in response to a request by
the Opponent, pursuant to Rule 27(2) of the Rules.
Grounds of the Opposition
6. In its Notice of Opposition, the Opponent identifies itself as the proprietor of two Irish Trade
Mark Registrations, the first (No. 248142, with an application date of 16 March, 2012) in
respect of the word NUTRIAS and the second (No. 249637, with an application date of 1
February, 2013) in respect of a series of two combined marks (comprising verbal and
figurative elements) shown below.

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