The trademark RISE was filed by AMPT Body Transformation Meals Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on June 7, 2021, and received one opposition filed on September 7, 2021 by KONZUM plus društvo s ograničenom odgovornošću za trgovinu on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Vukina, Sanja and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 7, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, dried and cooked fruits and vegetables
Jellies, jams, compotes, eggs, milk and milk products
Edible oils and fats
Seafood
Meat, fish, vegetable and fruit extracts
Fruit preserves
Vegetable preserves
Dairy and/or fruit desserts
Yogurt
Nuts and nut butters
Pickles
Tofu
Soups
Bouillons: soy-based food bars
Beans
Lentils
Protein prepared from soya beans for human consumption
Soya bean milk
Dairy based whipped toppings
Butter substitutes: egg substitutes
Entrees consisting primarily of meat, fish, poultry or vegetables
Formed textured vegetable protein for use as a meat extender or meat substitute
Dips
Ready and prepared meals made primarily from fruit and vegetables
Snacks with fruits, nuts and/or raisins
Food package combinations consisting primarily of cheese, meat and/or fruit and vegetables.
The mark was filed in class 30 with following description of goods:
Nutritional foods, snack foods and bars expressly excluding those based on rice, protein bars, cereal bars expressly excluding those based on rice, energy bars, meals and prepared meals expressly excluding rice
The aforementioned having a primary ingredient of grains but also containing nuts and dried fruit
Bread, pastries, and confectionery
Iced cakes
Spices
Sauces (condiments).
The mark was filed in class 32 with following description of goods:
Health and fitness drinks for nutritional purposes expressly excluding those based on rice
Non-alcoholic beverages
Fruit beverages and fruit juices
Syrups and other preparations for making beverages expressly excluding those based on rice.
The mark was filed in class 35 with following description of goods:
The bringing together for the benefit of others a variety of goods for Retail and wholesale services related to food expressly excluding those based on rice, drinks, vitamins, dietary supplements, health food supplements, clothing, sportswear, books, enabling customers to conveniently view and purchase those goods online or by mail order
Merchandising as it relates to nutrition, health and fitness services and its related products
Marketing in the field of nutrition, diet, exercise, fitness plans, food planning and preparation
Advertising, marketing, promotion, business information and advice.