The trademark MaiKa was filed by Aleksandra Piecak-Maitz, a national of the Republic of Austria (the "Applicant") and Franz Maitz, a national of the Republic of Austria (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on April 27, 2021, and received one opposition filed on June 17, 2021 by MEICA Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GLAWE, DELFS, MOLL and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 17, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003149015 was refused according to Article 8(5) EUTMR with decision issued on October 2, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 30 with following description of goods:
Flavoured coffee
Coffee-based beverages
Ice beverages with a coffee base
Decaffeinated coffee
Extracts of coffee for use as flavours in beverages
Coffee based fillings
Freeze-dried coffee
Coffee capsules, filled
Ground coffee beans
Ground coffee
Roasted coffee beans
Coffee
Artificial coffee
Coffee [roasted, powdered, granulated, or in drinks]