018529279

OATNESTLY THE GOODNESS OF OATS

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August 8, 2021

Trademark Summary

The trademark OATNESTLY THE GOODNESS OF OATS was filed by ALPINA PRODUCTOS ALIMENTICIOS, S.A.S. BIC, a corporation established under the laws of the Republic of Colombia (the "Applicant"). The application was published for oppositions on September 20, 2021, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on November 23, 2021 by Société des Produits Nestlé S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HARTE-BAVENDAMM RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and its proceedings were handled in English The second opposition filed on November 11, 2021 by Oatly AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by AWA SWEDEN AB and its proceedings were handled in English

The application was filed in Spanish, and Spanish 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 March 22, 2022.

The Opposition with reference B 003158823 was refused according to Article 8(1)(b) EUTMR with decision issued on March 15, 2023 by the EUIPO.

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Goods And Services

• The mark was filed in class 29 with following description of goods:
  
  1. Oat milk
  2. Dairy-based beverages containing oats
  3. Oat-based beverages [milk substitute].
• The mark was filed in class 30 with following description of goods:
  
  1. Processed oats
  2. Crushed oats
  3. Instant oatmeal
  4. Flour of oats
  5. Oat biscuits for human consumption
  6. Oat flakes
  7. Oat bars
  8. Oat-based food
  9. Oats for human consumption
  10. Muesli
  11. Food mixtures consisting of cereal flakes and dried fruits
  12. Cereal preparations consisting of oatbran
  13. Oat cakes for human consumption
  14. Oat and wheat bread rolls
  15. Cereal preparations consisting of oatbran
  16. Oat-based food.
• The mark was filed in class 32 with following description of goods:
  
  1. Cereal-based and oat-based beverages
  2. Smoothies containing grains and oats
  3. Oat-based beverages [not being milk substitutes].