EUTM file information

018462955

OTERRA

April 27, 2021

Trademark Summary

The trademark OTERRA was filed by Oterra A/S, a corporation established under the laws of the Kingdom of Denmark (the "Applicant"). The application was published for oppositions on June 7, 2021, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on September 6, 2021 by dōTERRA Holdings, LLC on Likelihood of confusion. and its proceedings were handled in English The second opposition filed on September 6, 2021 by Ma boutique o naturel on Likelihood of confusion. the opponent was represented by MIIP MADE IN IP and its proceedings were handled in English

The application was filed in Danish, and Danish was also language of all opposition proceedings (English was selected as the second language).

A transfer of the trademark registration was recorded on May 26, 2021. Change of name and address of the trademark registration was recorded on March 30, 2022. Change of name and professional address of the trademark registration was recorded on April 18, 2023.

The Appeal with reference B R0334/2023-2 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on July 5, 2023 by the EUIPO. The Opposition with reference B 003154235 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 14, 2022 by the EUIPO.

Goods And Services

  • The mark was filed in class 1 with Chemicals used in industry, including chemical substances and preparations for preserving foodstuffs and other food additives (not included in other classes), including in the form of emulsifiers and stabilisers.
  • The mark was filed in class 2 with Colorants for use in the manufacture of beverages and food and natural colorants for use in the manufacture of beverages and food..
  • The mark was filed in class 30 with following description of goods:
    1. Extracts, other than essential oils, preserved and dried herbs, seasonings, including nutraceuticals
    2. All of the aforementioned for use in the manufacture of beverages and food
    3. All of the aforementioned goods for industrial use, and consisting of fruit, vegetables or plants as functional ingredients added to a final product.
  • The mark was filed in class 42 with following description of goods:
    1. Biotechnological research
    2. Biological research
    3. Food research
    4. Testing of foodstuffs
    5. Industrial process research, certification [quality control], testing services for the certification of quality or standards
    6. Professional advisory services relating to food technology
    7. All the aforementioned services in relation to beverage and food colorants and food supplements.