The trademark Happy Mood Food was filed by Stephanie Morfis, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 2, 2021, and received one opposition filed on August 1, 2021 by VALUE ROYALTY LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Pavlov Pavlov, Vasil and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 1, 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 003151884 was refused according to Article 8(1)(b) EUTMR with decision issued on November 24, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 16 with Cookery books.
The mark was filed in class 41 with following description of goods:
Providing electronic publications
Photo editing
Organisation of entertainment and cultural events
Publishing services for books and magazines
Publication of photographs
Organisation of competitions and awards
On-line library services, namely, providing electronic library services which feature newspapers, magazines, photographs and pictures via an on-line computer network
Education services relating to cooking
Online publication of electronic books and journals
Providing online videos, not downloadable
Photography instruction
Education services relating to nutrition
Audio, video and multimedia production, and photography
Correspondence courses relating to cookery
Entertainment services
Teaching
Photography
Writing services for blogs
Conducting training courses relating to nutrition online
Conducting classes in nutrition.
The mark was filed in class 43 with following description of goods:
Cookery advice
Consulting services in the field of culinary arts
Advice concerning cooking recipes
Providing information in the nature of recipes for drinks
Information and advice in relation to the preparation of meals
Consultancy services relating to food.
The mark was filed in class 44 with following description of goods:
Provision of information relating to nutrition
Nutrition and dietetic consultancy
Nutrition counseling
Providing information relating to dietary and nutritional supplements
Providing information relating to dietary and nutritional guidance.