NURITAS - 255060

• Administrative Decision Number: 255060
• Date: 06 March 2019
• opponent: Aurivo Co-Operative Society Ltd
• Section: Trade Marks Act, 1996 - 2018 - Current

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DECISION OF THE CONTROLLER OF PATENTS, DESIGNS AND TRADE MARKS IN

PROCEEDINGS UNDER THE TRADE MARKS ACT, 1996

In the matter of an application for the registration of Trade Mark No. 255060 and in the matter of

an Opposition thereto.

NURITAS LIMITED Applicant

AURIVO CO-OPERATIVE SOCIETY LIMITED Opponents

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

beverages.

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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.