The trademark SUPER MARS was filed by Wanling CHEN, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 14, 2020, and received one opposition filed on August 16, 2020 by Mars, Incorporated on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 16, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on July 29, 2020.
Goods And Services
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Ice, ice creams, frozen yogurts and sorbets
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Prepared foodstuffs in the form of sauces
Prepared savory foodstuffs made from potato flour
Filled baguettes
Baozi [stuffed buns]
Pizza bases
Banana fritters
Pineapple fritters
Bibimbap : rice mixed with vegetables and beef
Rice biscuits
Crackers flavoured with herbs
Crackers flavoured with spices
Crackers flavoured with meat
Crackers flavoured with vegetables
Crackers filled with cheese
Crackers flavoured with cheese
Crackers made of prepared cereals
Pellet-shaped rice crackers (arare)
Onion biscuits
Rice glue balls
Frozen French toast sticks
Soft pretzels
Pretzels
Rice dumplings dressed with sweet bean jam (ankoro)
Rice dumplings
Puffed cheese balls [corn snacks]
Crisps made of cereals
Wholewheat crisps
Brioches
Burritos
Calzones
Canapes
Chalupas
Cheeseburgers [sandwiches]
Chimichanga
Prawn crackers
Corn chips
Seaweed flavoured corn chips
Vegetable flavoured corn chips
Pita chips
Rice crisps
Wonton chips
Tortilla chips
Chow mein
Chow mein [noodle-based dishes]
Rice crackers
Rice crusts
Crumble
Crepes
Pancakes
Green onion pancake [pajeon]
Rice-based snack food
Multigrain-based snack foods
Snack foods made from corn and in the form of rings
Snack foods made from corn and in the form of puffs
Snack foods prepared from maize
Tortilla snacks
Snack food products made from soya flour
Snack food products made from rice flour
Snack food products made from potato flour
Snack food products made from maize flour
Cereal-based snack food
Extruded wheat snacks
Snack foods made of whole wheat
Snack foods made from wheat
Empanadas
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Puffed corn snacks
Cheese flavored puffed corn snacks
Snack food products consisting of cereal products
Cereal snack foods flavoured with cheese
Snacks manufactured from muesli
Snack foods consisting principally of extruded cereals
Snack food products made from cereal starch
Snack food products made from rusk flour
Snack food products made from cereal flour
Buckwheat jelly (Memilmuk)
Korean traditional rice cake [injeolmi]
Sticky rice cakes (Chapsalttock)
Chocolate-coated rice cakes
Rice cakes
Millet cakes
Caramel coated popcorn with candied nuts
Corn kernels being toasted
Gimbap [Korean rice dish]
Savoury pancakes
Mung bean pancakes (bindaetteok)
Grain-based chips
Sausage rolls
Stir fried rice cake [topokki]
Fresh sausage rolls
Pizza crust
Chips [cereal products]
Flapjacks
Fajitas
Enchiladas
Corn-based savoury snacks
Ready to eat savory snack foods made from maize meal formed by extrusion
Chocolate-based ready-to-eat food bars
Cereal-based savoury snacks
Snack foods consisting principally of bread
Meat pies
Egg rolls
Pre-baked pizzas crusts
Canned pasta foods
Pasta containing stuffings
Frozen pastry stuffed with meat and vegetables
Flaky pastry containing ham
Glutinous pounded rice cake coated with bean powder (injeolmi)
Frozen French toast
French toast
Stir-fried noodles with vegetables (Japchae)
Okonomiyaki [Japanese savoury pancakes]
Paella
Filled bread rolls
Nachos
Processed unpopped popcorn
Popcorn
Corn, roasted
Fried corn
Kimchi pancakes
Lasagne
Macaroni with cheese
Jiaozi [stuffed dumplings]
Hot dog sandwiches
Chinese stuffed dumplings (gyoza, cooked)
Savory pastries
Pork pies
Oat clusters containing dried fruit
Pastries consisting of vegetables and poultry
Frozen pastry stuffed with vegetables
Frozen pastry stuffed with meat
Pastries consisting of vegetables and fish
Pastries consisting of vegetables and meat
Rice based dishes
Prepared rice dishes
Frozen meals consisting primarily of rice
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Dry and liquid ready-to-serve meals, mainly consisting of rice
Pasta dishes
Bean jam buns
Steamed buns stuffed with minced meat (niku-manjuh)
Steamed buns stuffed with red bean paste
Pizzas
Candy
Marzipan substitutes
Imitation custard
Chocolate-coated sugar confectionery
Imitation chocolate
Dessert souffles
Sopapillas [fried pastries]
Sopapillas [fried bread]
Creamed rice
Rice puddings containing sultanas and nutmeg
Rice pudding
Butterscotch chips
Bread pudding
Preparations for making of sugar confectionery
Hot chocolate mixes
Chocolate based products
Confectionery ices
Fruited scones
Cinnamon rolls
Jam buns
Poppadums
Puddings
Ready-to-eat puddings
Bakery goods
Yorkshire puddings
Vla [custard]
Viennoiserie
Truffles (rum -) [confectionery]
Chocolate vermicelli
Truffles [confectionery]
Tiramisu
Frozen yogurt pies
Taiyaki (Japanese fish-shaped cakes with various fillings)
Confectionery for decorating Christmas trees
Frozen confections on a stick
Panettone
Edible paper
Nougat
Chocolate coated macadamia nuts
Chocolate topping
Chocolate mousses
Mousse confections
Bread
Meringues
Peanut brittle
Pains au chocolat
Pandoro
Edible rice paper
Herbal honey lozenges [chocolate]
Pandoro
Edible rice paper
Herbal honey lozenges [confectionery]
Pavlovas made with hazelnuts
Biscotti dough
Chocolate spreads for use on bread
Sandwich spread made from chocolate and nuts
Fruit jellies [confectionery]
Fried dough twists
Chocolate spreads
Chocolate spreads containing nuts
Chocolate-based spreads
Sweet bean jam coated with sugared-bean based soft shell [nerikiri]
Sweet pounded rice cakes (mochi-gashi).
The mark was filed in class 32 with following description of goods:
Beer and brewery products
Soft drinks
Non-alcoholic preparations for making beverages
Coffee-flavored beer
Pale ale
Bock beer
Barley wine [beer]
Malt beer
Saison beer
Non-alcoholic beer
Low alcohol beer
Beer
IPA (Indian Pale Ale)
Flavored beers
Craft beers
Lagers
Black beer [toasted-malt beer]
Beers enriched with minerals
Wheat beer
Non-alcoholic beer flavored beverages
Beer-based beverages
Beer-based cocktails
Imitation beer
Kvass [non-alcoholic beverage]
Beer wort
Malt wort
Shandy
Porter
Stout
Flavoured carbonated beverages
Nut and soy based beverages
Waters
Juices
Aperitifs, non-alcoholic
Non-alcoholic cocktail bases
Orange barley water
Lemon barley water
Green vegetable juice beverages
Beverages containing vitamins
Smoothies
Nutritionally fortified beverages
Carbohydrate drinks
Guarana drinks
Mung bean beverages
Non-alcoholic sparkling fruit juice drinks
Whey beverages
Protein drinks
Smoked plum beverages
Brown rice beverages other than milk substitutes
Rice-based beverages, other than milk substitutes
Oat-based beverages [not being milk substitutes]
Energy drinks
Energy drinks containing caffeine
Energy drinks [not for medical purposes]
Quinine water
Douzhi (fermented bean drink)
Cocktails, non-alcoholic
Non-alcoholic fruit cocktails
Aloe vera drinks, non-alcoholic
Non-alcoholic honey-based beverages
Fruit-based soft drinks flavored with tea
Non-carbonated soft drinks
Non-alcoholic drinks enriched with vitamins and mineral salts
Vitamin fortified non-alcoholic beverages
Non-alcoholic beverages containing fruit juices
Non-alcoholic dried fruit beverages
Non-alcoholic beverages flavoured with tea
Non-alcoholic beverages flavoured with coffee
Protein-enriched sports beverages
Sports drinks
Sports drinks containing electrolytes
Non-alcoholic malt free beverages [other than for medical use]