018532656

Frumotion

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August 12, 2021

Trademark Summary

The trademark Frumotion was filed by Clemens Kräter, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on September 1, 2021, and received one opposition filed on November 21, 2021 by FRUCTAL Živilska industrija d.o.o. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by PATENTNI BIRO AF D.O.O. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 21, 2021

The application was filed in German, and German 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 June 14, 2022. A transfer of the trademark registration was recorded on December 3, 2023.

The Appeal with reference B R1152/2023-5 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on March 25, 2024 by the EUIPO. The Opposition with reference B 003158711 was rejected according to Article 8(1)(a) EUTMR with decision issued on April 3, 2023 by the EUIPO.

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Goods And Services

• The mark was filed in class 29 with following description of goods:
  
  1. Fruit Powders
  2. Dried fruit
  3. Fruit, processed
  4. Fruit, preserved
  5. Mixtures of fruit and nuts.
• The mark was filed in class 30 with Sweetmeats [candy].
• The mark was filed in class 32 with following description of goods:
  
  1. Powders for the preparation of beverages
  2. Smoothies
  3. Powders used in the preparation of fruit-based beverages.