The trademark AMEROUGE was filed by Wilfried Schoellmann, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 23, 2021, and received one opposition filed on June 22, 2021 by Theo Sasse e.K. on Likelihood of confusion. the opponent was represented by ARNECKE SIBETH DABELSTEIN RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 22, 2021
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 R2486/2023-1 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on August 15, 2024 by the EUIPO. The Opposition with reference B 003149237 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 17, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 32 with following description of goods:
Soft drinks
Non-alcoholic preparations for making beverages
Flavoured carbonated beverages
Waters
Juices
Aperitifs, non-alcoholic
Cocktails, non-alcoholic
Non-alcoholic fruit cocktails
Non-alcoholic fruit punch
Non-alcoholic dried fruit beverages
Non-alcoholic beverages containing fruit juices
Non-carbonated soft drinks
Alcohol free wine
Non-alcoholic sparkling fruit juice drinks
Energy drinks [not for medical purposes]
Energy drinks
Isotonic beverages
Isotonic beverages [not for medical purposes]
Energy drinks containing caffeine
Nutritionally fortified beverages
Part frozen slush drinks
Frozen fruit-based beverages.
The mark was filed in class 33 with following description of goods:
Preparations for making alcoholic beverages
Alcoholic beverages (except beer)
Alcoholic preparations for making beverages
Pre-mixed alcoholic beverages
Spirits [beverages]
Wine
Alcoholic carbonated beverages, except beer
Aperitifs
Cocktails
Low alcoholic drinks
Liqueurs
Alcoholic essences
Alcoholic extracts.
The mark was filed in class 35 with following description of goods:
Merchandising
Preparing promotional and merchandising material for others
Assistance in product commercialization, within the framework of a franchise contract
Advertising, marketing and promotional services
Business assistance, management and administrative services
Administrative support and data processing services
Human resources management and recruitment services
Business consultancy and advisory services
Agency services for arranging business introductions
Business inquiries
Advertising, marketing and promotional consultancy, advisory and assistance services
Affiliate marketing
Public relations services
Analysis of advertising response
Updating of advertising material
Updating of advertising information on a computer data base
Analysis of the public awareness of advertising
Media relations services
Distribution of advertising, marketing and promotional material
Trade show and commercial exhibition services
Loyalty, incentive and bonus program services
Provision and rental of advertising space, time and media
Product demonstrations and product display services
Direct mail advertising to attract new customers and to maintain the existing customer base
Dissemination of advertising matter online
Dissemination of advertising matter
Dissemination of advertisements via the Internet
Distribution of advertising material
Distribution of advertising material by post
Dissemination of advertising and promotional materials
Dissemination of advertisements
Dissemination of advertising for others
Dissemination of advertising for others via the Internet
Dissemination of advertising for others via an on-line communications network on the internet.