The trademark Kinder UP was filed by EVERSONIC PRODUCTS INC., a U.S. corporation (the "Applicant"). The application was published for oppositions on November 12, 2020, and received one opposition filed on February 9, 2021 by Ferrero S.p.A. on Likelihood of confusion. the opponent was represented by JACOBACCI & PARTNERS S.P.A.
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003140541 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 24, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 21 with following description of goods:
Training cups for infants
Training chopsticks for children
Electric and non-electric toothbrushes
Stands for portable baby baths
Brush goods
Portable potties for children
Plastic bathtubs for children
Fitted picnic baskets
Interdental brushes
Dispensers for paper wipes [other than fixed]
Inflatable bath tubs for babies
Apparatus for cleaning teeth and gums using high pressure water for home use