The trademark Nilch was filed by Zentis Fruchtwelt GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 30, 2021, and received one opposition filed on August 22, 2021 by mymuesli AG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by RECHTS- UND PATENTANWALTSKANZLEI LEWINSKY & KOLLEGEN and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 22, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Albumin milk
Curd
Albumen for culinary purposes
Peanut milk
Peanut milk for culinary purposes
Fermented baked milk
Fat-containing mixtures for bread slices
Peanut milk-based beverages
Coconut milk-based beverages
Almond milk-based beverages
Oat milk
Yoghurt
Coconut milk
Evaporated milk
Almond milk
Almond milk for culinary purposes
Milk
Milk substitutes
Milk ferments for culinary purposes
Milk beverages, milk predominating
Milk products
Powdered milk
Lactic acid drinks
Milk shakes
Whey
Palm oil for food
Quark
Rice milk
Rice milk for culinary purposes
Cream [dairy products]
Acidophilus milk
Soya milk.
The mark was filed in class 30 with following description of goods:
Coffee
Coffee flavourings
Artificial coffee
Vegetal preparations for use as coffee substitutes
Coffee-based beverages
Cocoa
Cocoa-based beverages
Coffee beverages with milk
Cocoa beverages with milk
Rice pudding
Chocolate beverages with milk
Oat-based food
Chocolate-based beverages
Tea beverages with milk.
The mark was filed in class 32 with following description of goods:
Aperitifs, non-alcoholic
Cocktails, non-alcoholic
Soft drinks
Non-alcoholic fruit extracts
Non-alcoholic fruit juice beverages
Fruit nectars, non-alcoholic
Non-alcoholic beverages
Non-alcoholic dried fruit beverages
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages flavoured with tea
Non-alcoholic honey-based beverages
Non-alcoholic preparations for making beverages
Orgeat
Whey beverages
Protein-enriched sports beverages
Rice-based beverages, other than milk substitutes
Smoothies
Soya-based beverages, other than milk substitutes.