The trademark LUTEMAX FREE LUTEIN was filed by OmniActive Health Technologies Limited, a corporation established under the laws of the Republic of India (the "Applicant"). The application was published for oppositions on September 16, 2007, and received one opposition filed on December 6, 2007 by Pharmaselect International Beteiligungs GmbH on Likelihood of confusion. the opponent was represented by WEICKMANN & WEICKMANN PATENT- UND RECHTSANWÄLTE PARTMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 6, 2007
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on April 8, 2008. Appointment and Replacement of representative of the trademark registration was recorded on June 24, 2008. Change of name and address of the trademark registration was recorded on September 9, 2009. Change of name and address of the trademark registration was recorded on January 9, 2010.
The Appeal with reference B R0710/2010-1 was Opposition allowed according to Article 8 CTMR with decision issued on January 9, 2011 by the EUIPO. The Opposition with reference B 001254640 was refused according to Article 8(1)(b) CTMR with decision issued on February 25, 2010 by the EUIPO.