The trademark e essence was filed by Bora Creations S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on November 24, 2021, and received one opposition filed on February 21, 2022 by Britvic Soft Drinks Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LEWIS SILKIN IRELAND and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 21, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0694/2021-4 was Application partially rejected according to Article 7(1)(b) EUTMR with decision issued on September 20, 2021 by the EUIPO. The Refusal with reference B 018269705 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on March 16, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Hand-sanitizing preparations
Food supplements for non-medical purposes
Dietary supplements with a cosmetic effect
Dietary supplemental drinks
Vitamin preparations
Vitamin drinks
Energy food supplement bars
Dietetic preparations.
The mark was filed in class 9 with following description of goods:
Respiratory masks
Medical face masks
Filters for respiratory masks
Computer software for the health and beauty care field
Health monitoring software, Hardware for monitoring health.
The mark was filed in class 28 with Sports equipment and yoga equipment..
The mark was filed in class 29 with Milk, Milk and yoghurt products and Plant-based alternative milk and yoghurt products, also in vegan form..
The mark was filed in class 30 with following description of goods:
Confections
Coffee
Tea
Cocoa
Artificial coffee
Preparations made from cereals
Energy bars
Muesli bars
Confectionery
Chocolate
Honey.
The mark was filed in class 35 with following description of goods:
Retailing services relating to cosmetics, nutritional supplements, Computer software and computer software applications, hardware and wearables, namely Mini-computers, sensors and detectors to be worn on the body for monitoring and improving body functions
All the aforesaid services also online
Online mail order services relating to cosmetics, nutritional supplements, Computer software and computer software applications, hardware and wearables, namely Mini-computers, sensors and detectors to be worn on the body for monitoring and improving body functions.
The mark was filed in class 41 with following description of goods:
Arranging and conducting of seminars and online seminars relating to health and beauty care