The trademark IVYS COFFEE was filed by JC New Retail AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on December 21, 2021, and received one opposition filed on February 20, 2022 by HEINEKEN ESPAÑA, S.A. on Likelihood of confusion. the opponent was represented by FERNÁNDEZ-PALACIOS ABOGADOS, S.L.P.U. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 20, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on October 18, 2022.
Goods And Services
The mark was filed in class 16 with following description of goods:
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Storage containers made of paper
Printed packaging materials of paper
Napkin paper
Bags made of paper for packaging
Carrier bags
Magazines [periodicals].
The mark was filed in class 29 with following description of goods:
Apple chips
Vegetable-based snack foods
Fruit salads
Nut-based snack foods
Snack mixes consisting of processed fruits and processed nuts
Cheese-based snack foods
Snack foods based on vegetables
Snack foods based on nuts
Potato-based snack foods
Meat and meat products
Processed fruits, fungi, vegetables, nuts and pulses
Prepared salads.
The mark was filed in class 30 with following description of goods:
Coffee
Coffee
Coffee in whole-bean form
Artificial coffee
Sugar
Natural sweeteners
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Ice cream
Bread
Pastries, cakes, tarts and biscuits (cookies)
Treacle
Flavourings for foods
Salts, seasonings, flavourings and condiments
Cereal bars and energy bars
Bakery goods
Semolina pudding
Foodstuffs containing cocoa [as the main constituent]
Rice pudding
Nougat
Puddings
Pancakes
Chocolate spreads
Panned sweets (Non-medicated -)
Waffles
Prepared meals containing [principally] pasta
Rice-based snack food
Sandwiches
Quiches
Snack foods consisting principally of bread
Wraps [sandwich]
Pasta-based prepared meals.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages, except non-alcoholic beers and beverages consisting of mixing beer with any other beverage and/or in which non-alcoholic beers could be included as part of their ingredients
Juices
Soft drinks.
The mark was filed in class 33 with Alcoholic beverages (except beer) and Wine..
The mark was filed in class 35 with following description of goods:
Retail store services in the field of clothing
Retail services in relation to foodstuffs
Retail services in relation to non-alcoholic beverages
Retail services in relation to coffee
Retail services in relation to cups and glasses
Retail services relating to bakery products
Retail services relating to alcoholic beverages.
The mark was filed in class 43 with following description of goods: