The trademark solly was filed by Null LARGO INVESTMENT Sebastian Robaczyński, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on July 16, 2020, and received one opposition filed on October 18, 2020 by JACOBS DOUWE EGBERTS ES S.L.U. on Likelihood of confusion. the opponent was represented by BRANDSTOCK LEGAL RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 18, 2020
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Fruit Powders, Vegetable powders, Nut toppings, Milk (other than for milk beverages and milk-based beverages), Coconut milk (other than for coconut milk-based beverages and coconut-based beverages), Powdered milk, Powdered milk for food purposes, Coffee creamer, fruit bars, Powdered egg whites, Whipped cream, Fruit desserts, Yoghurt desserts, Dairy puddings
Dips, Dairy-based dips, Milk ferments for culinary purposes, Jellies for food, Edible flowers, dried, Frozen eggs, Powdered eggs, Yoghurt, Frozen fruits, Fruit paste, Dried fruit products, Fruit purees, Crystallized fruits
None of the aforesaid goods being beverages.
The mark was filed in class 30 with following description of goods:
Ices, ice-creams, Vegan ice cream, Sherbets [ices], Powders for making ice cream, Ice cream stick bars, Soft ices, Non-dairy ice cream, Frozen yoghurt [confectionery ices], Powder for making ice cream, Powders for making ice cream, Mixtures for making water ices, Mixtures for making ice cream confections, Ice cream substitute, Ice cream confectionery, Sauces for ice cream, Ice cream mixes, Cones for ice cream, Confectionery ices, Binding agents for ice cream, Aromatic preparations for ice-creams
Organic binding agents for ice cream, Natural flavourings for use in ice cream [other than etheric essences or essential oils]
Parfaits
Sauces for ice cream, Confectioners' glaze, Marshmallow topping, Chocolate flavoured coatings, Chocolate for toppings, Malt dextrin glazings for foodstuffs, Malt dextrin glazings for confectionary, Milk tablet candy, Edible wafers, Chocolate wafers, Wafer doughs, Cones for ice cream, Sauces, fruit sauces, salad dressings, Custard
The mark was filed in class 35 with Sale of the following goods (none of the aforesaid goods being beverages): fruit powders, vegetable powders, Coatings made from nuts, Milk, (other than for milk beverages), Coconut milk, (other than for beverages containing coconut milk), Dried milk powder, Milk powder for food, Coffee creamers, Fruit snack bars, Powdered egg white, Whipped cream, fruit pots, desserts of yogurt, Milk based desserts, Dips (milk products), dairy-based dips, Milk ferments for culinary purposes, Jellies, Edible dried flowers, Frozen eggs, Dried egg, Yogurts, Frozen fruits, fruit paste, Dried fruit products, Fruit pulps, Frosted fruits, Ices, ice-cream, Vegan ice cream, Sorbets, Powders for ice, Ice cream stick bars, soft ices, Milk-free ice cream, Frozen yogurt (confectionery ices), Powder for making ice cream, Powders for making ice cream, Mixtures for making ice cream, Mixtures for making ice cream products, Ice cream substitute, Ice-cream confections, ice cream toppings, Ice cream mixes, ice cream cones, Ice cream confectionery, binding agents for ice cream, aromatic preparations for ice-creams, Organic binding agents for ice cream, organic flavourings for ice cream, other than ethereal essences or Essential oil, Parfaits, ice cream toppings, Sweet coatings, Marshmallow topping, Chocolate-flavoured coatings, chocolate for toppings, malt dextrin glazings for foodstuffs, Malt dextrin glazings for confectionery, Milk tablet candy, Edible wafers, Chocolate waffles, Batter for wafers, ice cream cones, Sauces, Fruit sauces, Dressings for salad, Custard, Gravy mixes in granular form, Sauce mixes, Hon-mirin-type flavoured sauce, Confectionary, Ice creams, water ices, Ice cream confectionery, Mousse confectionery, Frozen dairy confectionery, Waffles, Butter biscuits, Enabling customers to conveniently view and purchase those goods from wholesalers, retail stores, catering establishments and via catalogues relating to various goods, By electronic means on a website, Intermediation in the aforesaid field, intermediation and consultancy in the aforesaid field.