The trademark NELLY JELLY was filed by UAB "Nj world", a corporation established under the laws of the Republic of Lithuania (the "Applicant"). The application was published for oppositions on June 8, 2021, and received one opposition filed on September 6, 2021 by FABRlKA KONDITORSKIH PROIZVODA NELLY DOO LOZNICA on Likelihood of confusion. the opponent was represented by ZIVKO MIJATOVIC & PARTNERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 6, 2021
The application was filed in Lithuanian, and Lithuanian was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on July 14, 2021. A transfer of the trademark registration was recorded on May 24, 2022.
The Opposition with reference B 003154291 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 21, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Sanitary preparations and articles
Absorbent articles for personal hygiene
Nappies for babies and incontinents
Nappy liners of cellulose for incontinents
Babies' diapers of cellulose or paper
Shaped napkins of cellulose for babies
Diapers made of cellulose
Swim diapers, reusable, for babies
Incontinence garments
Pant liners for incontinents
Babies' swim diapers
Babies' diaper-pants
Triangular-shaped napkins [paper] for babies
Babies' diapers
Pants, absorbent, for incontinence
Nappy liners of paper for incontinents
Paper liners for diapers
Shaped napkins of paper for babies
Paper diapers
Disposable training pants of paper for infants
Babies' disposable diaper pants of paper
Nappies of paper for incontinents
Nappy covers
Adult diapers
Disposable pants of cellulose for holding a babies' napkin in place
Disposable nappies made of cellulose for incontinents
Disposable training pants of cellulose for infants
Nappy pants for incontinents
Disposable swim diapers for children and infants
Disposable adult diapers
Disposable napkins for incontinents
Disposable diapers
Disposable nappies made of paper for incontinents
Disposable pants of paper for holding a babies napkin in place
Disposable training pants of paper or cellulose
Disposable training pants [diapers]
Disposable training pants
Disposable babies' diapers of paper and cellulose
Babies' disposable diaper pants of cellulose
Swim diapers, disposable, for babies
Disposable babies' diaper-pants
Disposable liners for incontinence diapers
Disposable nappy liners
Disposable liners for babies' diapers
Disposable liners of cellulose for napkins
Feminine hygiene products
Belts for sanitary napkins [towels]
Pharmaceutical products and preparations against dry skin caused by pregnancy
Sanitary towels
Sanitary tampons
Sanitary panties
Pantyliners
Panty liners [sanitary]
Menstruation bandages
Disposable menstruation underwear
Absorbent diapers of cellulose for pets
Sanitary wear
Absorbent sanitary articles
Breast-nursing pads
Cloth diapers
Diapers for incontinence
Absorbent diapers of paper for pets
Diaper changing mats, disposable, for babies
Disposable pads for incontinence
Incontinence pads
Disinfectants and antiseptics
Algaecides [chemicals for swimming pool maintenance]
Anti-bacterial preparations
Antibacterial sprays
Antibacterial hand lotions
Antibacterial wipes
Antimicrobial facewashes
Antiseptics
Antiseptic sprays in aerosol form for use on hard surfaces
Antiseptic body care preparations
Antiseptic sprays in aerosol form for use on the skin
Antiseptic washing preparations
Antiseptic ointments
Antiseptic cleansers
Antiseptic cotton
Germicides
Bactericides
Barium for X-ray use
Aseptic cotton
Disinfectants for swimming pools
Sanitizers for household use
Disinfectants
Disinfectants for medical use
Cleaning cloths impregnated with disinfectant for hygiene purposes
Disinfectants impregnated into tissues
Disinfectants for hygiene purposes
Disinfectants for veterinary use
Sanitizing wipes
Washes (disinfectant -) [other than soap]
Germicidal preparations [other than soap]
Solutions for contact lenses
Contact lens cleaning preparations
Medicated after-shave lotions
Sanitizing wash for fruit and vegetables
Impregnated medicated wipes
Disinfectants for chemical toilets
Contact lens wetting solutions
Disinfectants for contact lenses
Solutions for disinfecting contact lenses
Solutions for neutralizing contact lenses
Solutions for rinsing contact lenses
Solutions for sterilising contact lenses
Medicated handwash
Medicinal alcohol
Disinfectants for medical apparatus and instruments
Disinfectants for medical instruments
Microbicides for wastewater treatment
Disinfectants for dental apparatus and instruments
Hand-sanitizing preparations
Antiseptics with prophylactic effect
Rubbing alcohol
Antiseptic preparations for wound care
Antiseptics with therapeutic effect
Sterilising substances
Washes (Sterilizing -)
Sterilizing preparations
Sterilising solutions
Alcohol swabs for medical purposes
Alcohol for pharmaceutical purposes
Sulfur sticks [disinfectants]
Tissues impregnated with antibacterial preparations
Wipes for medical use
Sanitizing preparations for hospital use
Medicated and sanitising soaps and detergents
Antibacterial handwashes
Antibacterial soap
Antibiotic handwash
Anti-microbial handwash
Germicidal detergents
Detergents for medical purposes
Disinfectant soap
Disinfecting handwash
Cattle washes [insecticides]
Anti-bacterial face washes (Medicated -)
Medicated shampoos for pets
Medicated hand wash
Medicated toiletry preparations
Medicated shampoos
Gel scrub, medicated
Animal washes [insecticides]
Insecticidal animal shampoos
Insecticidal veterinary washes
Medicated soap
Vaginal washes for medical purposes
Pediculicidal shampoos
Dog washes [insecticides]
Collyrium
Antibacterial clay preparations
Antimicrobial clay
Silicone-based personal lubricants
Lubricant gels for personal use
Water-based personal lubricants
Chemical preparations for sanitary purposes
Douching preparations for medical purposes
Medicated dry shampoos
Hygienic lubricants
Sanitary preparations for medical purposes
Sanitary pants for pets
Sanitary preparations for veterinary use
Personal sexual lubricants
Iodoform
Deodorisers for litter trays
Compounds for sanitising eggs
Clay for use in mud baths [health spas]
Egg sanitizing preparations
Nail sanitizing preparations
Diapers for pets
Air sanitizing preparations
Cleansing solutions for medical use
Cleaning solvents for removing adhesive plasters
Cleaners [preparations] for sterilising surgical instruments
Substances in tablet form for use in the sterilisation of water
Mud for baths
Sanitary sterilising preparations
First-aid boxes, filled
Dietary supplements and dietetic preparations
Infant formula
Dietetic foods adapted for infants
Beverages for infants
Food preparations for babies and infants
Powdered milk for babies and infants
Powdered milk foods for infants
Lactose free infant's formula
Food for babies and infants
Substitutes for mothers milk
Milk powders [foodstuff for babies]
Lacteal flour for babies
Lacteal flour for babies
Colostrum supplements
Activated charcoal dietary supplements
Albumin dietary supplements
Alginate dietary supplements
Acai powder dietary supplements
Diastase for medical purposes
Food supplements consisting of amino acids
Anti-oxidant food supplements
Antioxidants
Anti-oxidants derived from honey
Anti-oxidants for medicinal use
Anti-oxidants for dietary use
Anti-oxidants comprising enzymes
Anti-oxidant supplements
Appetite suppressants for medical purposes
Appetite suppressants
Appetite stimulant preparations
Asthmatic tea
Artificial tea [for medicinal use]
Albuminous foodstuffs for medical purposes
Protein supplement shakes
Protein dietary supplements
Protein powder dietary supplements
Protein supplements for animals
Albuminous preparations for medical purposes
Bee pollen for nutraceutical use
Bee pollen for use as a dietary food supplement
Royal jelly dietary supplements
Royal jelly for medical purposes
Propolis dietary supplements
Zinc supplement lozenges
Chlorella dietary supplements
Sugar substitutes for diabetics
Sugar for medical purposes
Diabetic bread adapted for medical use
Bread products for diabetics
Food for diabetics
Dietetic sugar substitutes for medical use
Dietetic beverages adapted for medical purposes
Dietetic beverages for babies adapted for medical purposes
Dietary and nutritional supplements
Dietary and nutritional preparations
Dietary food supplements used for modified fasting
Dietetic food preparations adapted for medical use
Dietetic foods for use in clinical nutrition
Dietary supplements for controlling cholesterol
Food supplements consisting of trace elements
Diet capsules
Dietetic substances for babies
Dietetic substances adapted for medical use
Dietary supplements consisting of vitamins
Dietary supplemental drinks
Dietetic preparations adapted for medical use
Dietetic preparations for children
Dietetic products for invalids
Dietetic sweeteners for medical purposes
Dietetic confectionery adapted for medical purposes
Dietetic infusions for medical use
Dietetic sugar for medical use
Dietetic foods adapted for medical purposes
Artificial sweeteners adapted for diabetics
Enzyme dietary supplements
Folic acid dietary supplements
Dietary supplements consisting primarily of iron
Dietary supplements for pets in the nature of a powdered drink mix
Glucose for use as an additive to foods for medical purposes
Glucose dietary supplements
Gummy vitamins
Medicated supplements for foodstuffs for animals
Medicinal drinks
Medicinal tea
Medicated food supplements
Nutritional additives to foodstuffs for animals, for medical purposes
Dietary supplements for animals
Homogenized food adapted for medical purposes
By-products of the processing of cereals for dietetic or medical purposes
Calcium fortified candy
Casein dietary supplements
Dietary supplements with a cosmetic effect
Starch for dietetic use
Wheat dietary supplements
Wheat germ dietary supplements
Dietary supplements for infants
L-carnitine for weight loss
Vitamin drops
Lecithin dietary supplements
Slimming tea for medical purposes
Slimming pills
Lysine preparations
Lipotropic factor preparations
Dietary supplements consisting primarily of magnesium
Food for infants
Nutritional drink mix for use as a meal replacement
Nutritional supplements consisting primarily of calcium
Nutritional supplements consisting of fungal extracts
Dietary supplements for humans not for medical purposes
Dietary fibre
Dietary fiber to aid digestion
Meal replacement powders
Food supplements
Health food supplements for persons with special dietary requirements
Dietary supplements consisting primarily of calcium
Food supplements for non-medical purposes
Food supplements for sportsmen
Dietary supplements for humans
Dietary supplements for human beings and animals
Nutritional supplement meal replacement bars for boosting energy
Dietary supplement drink mixes
Dietary supplements in powder form
Preparations for use as additives to food for human consumption [medicated]
Food products made from ginseng for medical purpose
Mixed vitamin preparations
Ground flaxseed fiber for use as a dietary supplement