The trademark N was filed by Neversecond Nutrition, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on July 5, 2021, and received one opposition filed on October 5, 2021 by mama marketing gmbh on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 5, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003156164 was rejected according to Article 8(1)(a) EUTMR with decision issued on June 28, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with Nutritional supplement energy bars and nutritional supplements in the form of gels, pastes, and gummies..
The mark was filed in class 30 with following description of goods:
Cereal-based energy bars
High protein cereal bars
Grain-based food bars
Snack food chews made primarily from corn maltodextrin for consumption during athletic activities
High protein, low carbohydrate cereal-based and chocolate-based snack bars
High carbohydrate, low protein cereal-based and chocolate-based snack bars.
The mark was filed in class 32 with following description of goods:
Sports drinks containing electrolytes
Sports drinks, namely, energy drinks
Concentrates, syrups or powders used in the preparation of sports and energy drinks
Effervescent tablets for making sports drinks.
The mark was filed in class 35 with On-line retail store services relating to energy foods, energy drinks, nutritional supplements, concentrates, tablets, and drink mixes for use in preparation of sports drinks.