The trademark MM was filed by Thomas Henry GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 19, 2021, and received one opposition filed on October 4, 2021 by Rotkäppchen-Mumm Sektkellereien GmbH on Likelihood of confusion. the opponent was represented by Sippel-Grau, Silvia and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 4, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003156072 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 27, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 25 with Clothing, footwear, headgear, In particular shirts, Trousers, Hats, Caps [headwear], Jackets, caps, Sweaters, Scarves, Sweaters, T-shirts.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Tea-based beverages
Mate [tea]
Yerba mate
Tablets (Non-medicated -) made of glucose with a caffeine base.
The mark was filed in class 35 with following description of goods:
Advertising
Advertising, marketing and promotional services
Business management, business administration, office functions
Commercial information in relation to non-alcoholic beverages
Commercial information in relation to alcoholic beverages
Presentation of goods and services in retail outlets and online shops
Operation of retail outlets and online shops, namely negotiation and concluding of contracts regarding the purchase and sale of goods and the use of services (for others)
Operation of an online shop and e-mail services, namely order placement, delivery and invoice management
Display and demonstration of goods
Collection of goods, for others, for presentation purposes
Presentation of goods (for others), for sales purposes
Import and export services
Ordering services
Procurement services for others, and retailing, in particular via the internet, of the following goods: clothing, footwear, headgear, shirts, trousers, hats, caps, jackets (clothing), caps (headwear), jumpers (pullovers), neck scarves (mufflers), sweaters, T-shirts
Procurement services for others, and retailing, in particular via the internet, of the following goods: coffee, tea, cocoa and artificial coffee
Procurement services for others, and retailing, in particular via the internet, of the following goods: tea beverages, mate tea, yerba-mate tea, non-medicinal caffeine-based dragées made from glucose
Procurement services for others, and retailing, in particular via the internet, of the following goods: beers, mineral water, aerated water
Procurement services for others, and retailing, in particular via the internet, of the following goods: fruit beverages, fruit juices, syrups for making beverages, preparations for making beverages
Procurement services for others, and retailing, in particular via the internet, of the following goods: non-alcoholic beverages, in particular based on mate
Procurement services for others, and retailing, in particular via the internet, of the following goods: non-alcoholic caffeinated beverages, caffeinated beverages
Procurement services for others, and retailing, in particular via the internet, of the following goods: caffeinated energy drinks, energy drinks, energy drinks, other than for medical purposes, fermented non-alcoholic beverages
Procurement services for others, and retailing, in particular via the internet, of the following goods: alcoholic beverages, except beers, alcoholic energy drinks, fermented spirits (beverages).
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Services in connection with the transport of alcoholic beverages
Services in connection with the transport of non-alcoholic beverages
Storage of alcoholic drinks
Storage of non-alcoholic beverages
Consultancy and information in relation to the aforesaid services, included in this class.
The mark was filed in class 43 with Temporary accommodation.