The trademark FRUTTA POP was filed by CANDY CONNECTION EOOD, a corporation established under the laws of the Republic of Bulgaria (the "Applicant"). The application was published for oppositions on July 30, 2020, and received one opposition filed on November 1, 2020 by Swizzels Matlow Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Wilson Gunn (Europe) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 1, 2020
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Salts, seasonings, flavourings and condiments
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Cereal bars and energy bars
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Peanut confectionery
Peanut brittle
Chocolate-coated berries
Pains au chocolat
Jam buns
Pandoro
Halvah
Chocolate
Non-medicated chocolate
Chocolate for confectionery and bread
Chocolate for toppings
Chocolate with alcohol
Chocolate with Japanese horseradish
Liqueur chocolates
Chocolate topping
Chocolate vermicelli
Non-medicated chocolate confectionery
Chocolate confectionery containing pralines
Chocolate confectionery having a praline flavour
Chocolate desserts
Chocolate fondue
Chocolates
Chocolate marzipan
Chocolate bunnies
Chocolate waffles
Chocolate flavourings
Chocolate mousses
Chocolate spreads containing nuts
Chocolate spreads for use on bread
Chocolate-based spreads
Chocolate decorations for christmas trees
Chocolate decorations for cakes
Chocolate decorations for confectionery items
Chocolate creams
Non-medicated confectionery products
Confectionery chips for baking
Cotton candy
Non-medicated confectionery containing chocolate
Confectionery in frozen form
Confectionery for decorating Christmas trees
Crème caramel
Croissants
Non-medicated confectionery having a milk flavour
Mint flavoured confectionery (Non-medicated -)
Low-carbohydrate confectionery
Confectionery having liquid spirit fillings
Liquorice flavoured confectionery
Confectionery having wine fillings
Confectionery items coated with chocolate
Chocolate flavoured confectionery
Chocolate-coated sugar confectionery
Non-medicated confectionery in the shape of eggs
Potato flour confectionery
Pavlovas made with hazelnuts
Cakes of sugar-bounded millet or popped rice (okoshi)
Crumble
Graham crackers
Prepared desserts [chocolate based]
Ready-to-eat puddings
Instant dessert puddings
Apple fritters
Japanese sponge cakes (kasutera)
Edible paper
Soft pin-rolled cakes of pounded rice (gyuhi)
Non-medicated mint confectionery
Frozen confectionery containing ice cream
Non-medicated flour confectionery
Non-medicated confectionery containing milk
Dairy confectionery
Marzipan
Almond confectionery
Almonds covered in chocolate
Chocolate coated macadamia nuts
Pancakes
Turkish delight coated in chocolate
Turkish delight
Sugar-coated coffee beans
Custards [baked desserts]
Semolina pudding
Crackers flavoured with fruit
Crackers
Sweet pounded rice cakes (mochi-gashi)
Kheer mix (rice pudding)
Butterscotch chips
Cocoa based creams in the form of spreads
Canapes
Edible rice paper
Bakery goods
Herbal honey lozenges [confectionery]
Poppadums
Panettone
Chocolate-coated nuts
Nut confectionery
Coated nuts [confectionery]
Decorations [edible] for christmas trees
Chocolate coated fruits
Oat clusters containing dried fruit
Edible paper wafers
Imitation chocolate
Marzipan substitutes
Imitation custard
Chocolate coated nougat bars
Nougat
Non-medicated flour confectionery coated with chocolate
Non-medicated flour confectionery coated with imitation chocolate