The trademark HEL YORK was filed by Intergalactic Muppets Oy, a corporation established under the laws of the Republic of Finland (the "Applicant"). The application was published for oppositions on June 20, 2021, and received one opposition filed on September 20, 2021 by HELL ENERGY Magyarország Kft. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by OPPENHEIM UGYVEDI IRODA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 20, 2021
The application was filed in Finnish, and Finnish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on July 28, 2021. Change of name and professional address of the trademark registration was recorded on October 26, 2021.
The Opposition with reference B 003155098 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 23, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 30 with following description of goods:
Sauces
Savory sauces, chutneys and pastes
Bakery goods
Pastries
Confectionery
Chocolate
Breakfast cereals, porridge and grits
Bread
Cereal bars and energy bars
Coffee, teas and cocoa and substitutes therefor
Cereal preparations
Dried and fresh pastas, noodles and dumplings
Doughs, batters, and mixes therefor
Flour
Ice, ice creams, frozen yogurts and sorbets
Pastries, cakes, tarts and biscuits (cookies)
Custard
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Rice
Salts, seasonings, flavourings and condiments
Treacle
Sweets (candy), candy bars and chewing gum
Sweet glazes and fillings
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Yeast and leavening agents.
The mark was filed in class 32 with Beer and brewery products and none of the above-mentioned with regard to energy drinks..
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Food and drink catering
Hotels, hostels and boarding houses, holiday and tourist accommodation
Event facilities and temporary office and meeting facilities