The trademark SMILEAT was filed by SMILEAT S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on September 23, 2021, and received one opposition filed on November 30, 2021 by KONZUM plus društvo s ograničenom odgovornošću za trgovinu on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Vukina, Sanja and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 30, 2021
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Medical preparations
Pharmaceuticals
Sanitary preparations for medical purposes
Dietetic foods adapted for medical purposes
Food for babies
Dietary supplements for humans
Plasters, materials for dressings
Disinfectants
Preparations for destroying noxious animals
Herbicides
Fungicides
Food for babies and infants
Beverages for infants
Dietary and nutritional supplements
Baby formula
Lactose free infant's formula
Lacteal flour for babies
Dietetic infusions for medical use
Powdered milk for babies and infants
Dietetic preparations for children
Substitutes for mothers milk
Dietetic substances for babies
Pharmaceuticals and natural remedies
Food supplements for non-medical purposes
Dietary supplements and dietetic preparations
Protein supplement shakes
Hygienic preparations and articles.
The mark was filed in class 29 with following description of goods:
Meat
Fish, seafood and molluscs, not live
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Fruit jellies
Jellies for food
Jellies for food
Jams
Compotes
Eggs
Milk
Cheese
Butter
Yoghurt
Milk products
Edible oils and fats
Ready-made meat dishes
Prepared meals based on fish
Shellfish and mollusc-based prepared meals
Prepared meals consisting of vegetables
Prepared meals based on fruit
Vegetable-based prepared meals
Meat-based snack foods
Sweet corn-based snack foods
Fruit-based snack food
Cheese-based snack foods
Potato crisps in the form of snack foods
Milk-based snacks
Meat purées
Fish purées
Pulse purées
Vegetable purées
Fruit purees
Vegetable coulis
Mashed potato
Milk-based beverages containing fruit juice
Milk drinks containing fruits.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Rice
Pasta
Noodles
Tapioca
Sago
Flour
Cereal preparations
Baked goods, confectionery, chocolate and desserts
Sugar
Honey
Treacle
Yeast
Baking powder
Salt
Seasonings
Spices
Preserved herbs
Vinegar, sauces and other condiments
Bread
Biscuits
Salted biscuits
Gruel, with a milk base, for food
Hominy
Cereal gruel
Ice, ice creams, frozen yogurts and sorbets
Rice-based snack food
Cereal-based snack food
Puffed corn snacks
Snack foods made from wheat
Boxed lunches consisting of rice, with added meat, fish or vegetables
Pasta-based prepared meals
Rice-based prepared meals
Noodle-based prepared meals
Popcorn
Cereal-based snack food
Snack food products consisting of cereal products
Cereal bars and energy bars
Sweets (candy), candy bars and chewing gum
Herbal infusions
Herbal preparations for making beverages
Cocoa-based beverages
Chocolate-based beverages
Snack foods made from corn
Cereals.
The mark was filed in class 32 with following description of goods:
Fruit juice beverages
Beverages consisting of a blend of fruit and vegetable juices
Lemonades
Fruit nectars, non-alcoholic
Syrups and other non-alcoholic preparations for making beverages