The trademark Hinz & Kunst was filed by Thomas Hinz, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 6, 2022, and received one opposition filed on March 28, 2022 by Hinz & Kunzt gemeinnützige Verlags- und Vertriebsgesellschaft mbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by UNVERZAGT RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 28, 2022
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 003166838 was rejected according to Article 8(1)(a) EUTMR with decision issued on November 6, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Soy protein dietary supplements
Food supplements for veterinary use
Food supplements in liquid form
Mineral dietary supplements
Herbal supplements
Glucose dietary supplements
Anti-oxidant food supplements
Dietary supplements for humans
Wheat dietary supplements
Nutritional supplements for livestock feed
Zinc dietary supplements
Food supplements consisting of amino acids
Food supplements consisting of trace elements
Dietary supplements consisting of vitamins
Folic acid dietary supplements
Chlorella dietary supplements
Lutein dietary supplements
Food supplements for sportsmen
Dietary supplements in powder form
Health-aid foods supplements containing ginseng
Brewer's yeast dietary supplements
Whey protein dietary supplements
Propolis dietary supplements
Pollen dietary supplements
Enzyme dietary supplements
Lecithin dietary supplements
Alginate dietary supplements
Casein dietary supplements
Protein dietary supplements
Albumin dietary supplements
Linseed dietary supplements
Linseed oil dietary supplements
Wheat germ dietary supplements
Yeast dietary supplements
Dietary supplements for animals
Calcium tablets as a food supplement
Food supplements for non-medical purposes
Protein powder dietary supplements
Pine pollen dietary supplements
Soy isoflavone dietary supplements
Mineral dietary supplements for humans
Dietary supplements and dietetic preparations
Nutritional supplement meal replacement bars for boosting energy
Nutritional supplements for veterinary use
Dietary and nutritional supplements
Nutritional supplements
Liquid nutritional supplements
Health-aid foods supplement containing red ginseng
Dietary supplements for pets
Dietary supplements with a cosmetic effect
Glucose dietary supplements
Royal jelly dietary supplements
Dietary supplements for controlling cholesterol
Dietary supplements consisting primarily of iron
Nutritional supplements consisting of fungal extracts
Dietary supplements consisting primarily of magnesium
Nutritional supplements consisting primarily of calcium
Dietary supplements consisting primarily of calcium
Mineral nutritional supplements
Dietary supplements for human beings and animals
Nutraceuticals for use as a dietary supplement
Nutritional supplements made of starch adapted for medical use
Natural dietary supplements for treating claustrophobia
Coenzyme Q10 dietary supplements
Acai powder dietary supplements
Dietary supplements for humans not for medical purposes
Nutritional drink mix for use as a meal replacement
Dietary food supplements used for modified fasting
Glucose for use as an additive to foods for medical purposes
Ground flaxseed fiber for use as a dietary supplement
Delivery agents in the form of dissolvable films that facilitate the delivery of nutritional supplements
Dietary supplements for pets in the nature of a powdered drink mix
Delivery agents in the form of coatings for tablets that facilitate the delivery of nutritional supplements.
The mark was filed in class 30 with following description of goods:
Confectionery bars
Sherbets [confectionery]
Sugarless sweets
Crystal sugar pieces [confectionery]
Mallows [confectionery]
Confectionery in frozen form
Tablet (confectionary)
Rock [confectionery]
Candy cake
Lollipops [confectionery]
Marshmallow confectionery
Dessert mousses [confectionery]
Stick liquorice [confectionery]
Fruit jellies [confectionery]
Liquorice [confectionery]
Lozenges [confectionery]
Low-carbohydrate confectionery
Zephyr [confectionery]
Pastila [confectionery]
Sesame confectionery
Coated nuts [confectionery]
Confectionery ices
Chocolate decorations for confectionery items
Non-medicated confectionery candy
Non-medicated confectionery products
Corn candy
Liquorice flavoured confectionery
Orange based confectionery
Potato flour confectionery
Confectionery containing jam
Confectionery containing jelly
Confectionery having wine fillings
Fruit confectionery
Herbal honey lozenges [confectionery]
Confectionery chips for baking
Peanut butter confectionery chips
Sherbets [confectionery]
Confectionery having liquid fruit fillings
Frozen confectionery containing ice cream
Fruit jellies [confectionery]
Lozenges [non-medicated confectionery]
Confectionery in liquid form
Dragees [non-medicated confectionery]
Confectionery in frozen form
Frozen confections on a stick
Iced confectionery (Non-medicated -)
Confectionery having liquid spirit fillings
Confectionery in the form of tablets
Non-medicated confectionery having a milk flavour
Mint flavoured confectionery (Non-medicated -)
Non-medicated confectionery containing milk
Non-medicated confectionery products
Non-medicated confectionery containing chocolate
Sweets (candy), candy bars and chewing gum
Non-medicated confectionery in the shape of eggs
Non-medicated confectionery having toffee fillings
Confectionery in the form of mousses
Non-medicated flour confectionery coated with imitation chocolate