The trademark Power System ENJOY PROTEIN was filed by WELL PLUS TRADE GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 27, 2020, and received one opposition filed on August 26, 2020 by AGUA MINERAL SAN BENEDETTO, S.A. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 26, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Food concentrates being prepared foodstuffs or for individual mixing, consisting predominantly of protein, including with added carbohydrates, fat, vitamins, minerals and sugar or sugar substitutes, in the form of powder, liquid, tablets or bars
Food concentrates being prepared foods or for individual mixing, consisting predominantly of carbohydrates, including with added protein, fat, plant fibres, cereals, dried fruit and sugar or sugar substitutes, in powder, liquid, tablet or bar form
Non-alcoholic beverages based on water, including energy drinks, consisting predominantly of protein, carbohydrates, including with added vitamins, minerals, amino acids, sugar or sugar substitutes, including in dried powder form, consisting of the aforesaid substances, for making the aforesaid beverages
Non-alcoholic beverages, including energy drinks, consisting of fruit substances, vitamins, minerals and sugar or sugar substitutes, including in dried powder form, consisting of fruit substances, vitamins, minerals and sugar or sugar substitutes for making the aforesaid beverages
Including all of the aforesaid goods being dietetic or low-calorie preparations, not for medical purposes.
The mark was filed in class 29 with following description of goods:
Milk based beverages
Soup powders
Including all of the aforesaid goods being dietetic or low-calorie preparations, not for medical purposes.
The mark was filed in class 30 with following description of goods:
Sweet and savoury bakery goods and confectionery, Ready-made baking mixtures, Chocolate and chocolate products
Confectionery, including sugar-free confectionery
Sweet foods and foods based on cereals and ice cream and prepared mixtures for making the aforesaid goods
Including all of the aforesaid goods being dietetic or low-calorie preparations, not for medical purposes.