The trademark d-nuts was filed by DERBY INGREDIENTS POLAND SP. Z O.O., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on March 25, 2021, and received one opposition filed on June 21, 2021 by BIMBO DONUTS IBERIA S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CURELL SUÑOL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 21, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on April 11, 2022.
The Opposition with reference B 003149360 was refused according to Article 8(1)(b) EUTMR with decision issued on December 19, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Fruit, processed
Cut fruits
Dried fruit
Pickled fruits
Fruit, preserved
Compotes
Bottled sliced fruits
Apple flakes
Apple chips
Dried fruit products
Dried fruit-based snacks
Roasted nuts
Edible nuts
Seasoned nuts
Shelled nuts
Salted nuts
Preserved nuts
Processed nuts
Nuts being cooked
Dried nuts
Ground nuts
Blanched nuts
Candied nuts
Peanuts, prepared
Canned peanuts
Cashew nuts (Prepared -)
Processed betel nuts
Prepared pistachio
Prepared walnuts
Spiced nuts
Roasted peanuts
Hazelnuts, prepared
Prepared torreya nuts
Salted cashews
Prepared macadamia nuts
Pecans, prepared
Edible seeds
Seeds, prepared
Edible sunflower seeds
Dried pulses.
The mark was filed in class 31 with following description of goods: