The trademark cherry plus Das Original CLASSIC was filed by Cellavent Healthcare GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 8, 2021, and received one opposition filed on February 6, 2022 by EUROPE BOTTLING COMPANY, S.L.U. on Likelihood of confusion. the opponent was represented by González Palmero, Fé and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 6, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on March 1, 2023.
The Opposition with reference B 003163607 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 28, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical and veterinary preparations, sanitary preparations for medical purposes
Medical diagnostic reagents for the analysis of bodily fluids
Foodstuffs and dietetic substances for medical or veterinary purposes
Nutritional supplements
Vitamin preparations.
The mark was filed in class 29 with Dietetic foods, not for medical use, based on proteins, fats, with added vitamins, minerals, trace elements, either singly or in combination, included in class 29.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages, In particular concentrated fruit juices, Fruit drinks, fruit juices, fruit nectars, Vegetable juices [beverages]
Concentrates for making beverages
Diluted fruit drinks
Essences for making beverages, In particular non-alcoholic fruit extracts, Powders for effervescing beverages, pastilles for effervescing beverages