The trademark G%D MORNING was filed by RKAC SP. Z O.O., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 28, 2021, and received one opposition filed on January 24, 2022 by Rynkeby Foods HB on Likelihood of confusion. the opponent was represented by Prinz Reuss, Heinrich and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 24, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003162830 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 16, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements for humans
Dietetic foods adapted for medical use
Mineral food supplements
Greases for medical purposes
Medicinal oils
Effervescent vitamin tablets
Adjuvants for medical purposes
Vitamin fortified beverages for medical purposes
Preparations of trace elements for human use
Dietetic beverages adapted for medical purposes
Dietetic substances adapted for medical use
Vitamin preparations, Mineral preparations, Tonics, All for medical purposes
Medicated isotonic drinks
Vitamin drinks
Dietary supplemental drinks
Herbal beverages for medicinal use
Beverages for medicinal purposes
Preparations for making beverages for medical and health purposes and use.
The mark was filed in class 32 with following description of goods:
Cocktails, non-alcoholic
Aperitifs, non-alcoholic
Soft drinks
Beverages enriched with added minerals
Beverages enriched with added trace elements
Beverages enriched with vitamins
Sports drinks
Powders for the preparation of beverages
Syrups and other preparations for making beverages
Fruit-based soft drinks flavored with tea
Fruit juice beverages
Fruit-flavoured beverages.
The mark was filed in class 33 with following description of goods: