The trademark fun+ola was filed by Obshchestvo s ogranichennoy otvetstvennostyu «Beverages from Chernogolovka-Aqualife», a corporation established under the laws of the Russian Federation (the "Applicant"). The application was published for oppositions on May 30, 2021, and received one opposition filed on August 26, 2021 by Orkla Foods Norge AS on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BOEHMERT & BOEHMERT ANWALTSPARTNERSCHAFT MBB - PATENTANWÄLTE RECHTSANWÄLTE and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 26, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on February 7, 2022.
The Opposition with reference B 003153617 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 29, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Food for babies
Medicinal drinks
Medicinal tea
Mineral water salts
Mineral waters for medical purposes
Pollen dietary supplements
Protein dietary supplements
Thermal water
Tonics [medicines]
Bicarbonate of soda for pharmaceutical purposes
Chewing gum for medical purposes
Diabetic bread adapted for medical use
Dietetic foods adapted for medical purposes
Dietetic substances adapted for medical use.
The mark was filed in class 29 with following description of goods:
Bacon
Beans, preserved
Berries, preserved
Cabbage rolls stuffed with meat
Candied nuts
Coconut milk-based beverages
Compotes
Corn dogs
Croquettes
Falafel
Fat-containing mixtures for bread slices
Fish-based foodstuffs
Fish fillets
Fish meal for human consumption
Fish mousses
Fish, not live
Fish, preserved
Fish roe, prepared
Flavoured nuts
Freeze-dried meat
Freeze-dried vegetables
Fruit-based concentrate for cooking
Fruit-based snack food
Fruit chips
Fruit jellies
Fruit peel
Fruit, preserved
Fruit, processed
Fruit, stewed
Fruits, tinned
Ham
Hash browns
Hazelnuts, prepared
Hot dog sausages
Hummus
Liver
Liver pâté
Low-fat potato crisps
Marmalade
Meat
Meat extracts
Meat, preserved
Meat jellies
Meat, tinned
Mushrooms, preserved
Nut-based spreads
Nuts, prepared
Onion rings
Onions, preserved
Potato-based dumplings
Potato crisps
Potato flakes
Potato fritters
Poultry, not live
Ratatouille
Salted fish
Salted meats
Satay
Sausages
Seeds, prepared
Soups
Sunflower seeds, prepared
Sweet corn, processed
Tahini
Truffles, preserved
Vegetable-based concentrate for cooking
Vegetable-based cream
Vegetable-based spreads
Vegetable mousses
Vegetable salads
Vegetables, cooked
Vegetables, dried
Vegetables, preserved
Vegetables, processed
Vegetables, tinned.
The mark was filed in class 30 with following description of goods: