The trademark NICK’S was filed by Luthman Backlund Foods AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on February 16, 2022, and received one opposition filed on April 5, 2022 by Rila Feinkost-Importe GmbH & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BUSSE & BUSSE PATENT- UND RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 5, 2022
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Processed fruits, fungi and vegetables (including nuts and pulses)
Nut-based meal replacement bars
Fruit-based meal replacement bars
Nut and seed-based snack bars
Organic nut and seed-based snack bars
Snack foods based on nuts
Coconut-based snacks
Organic coconut oil for culinary purposes
Coconut oil for food.
The mark was filed in class 30 with following description of goods:
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Sugarless sweets
Candy with cocoa
Candy bars
Fondants [confectionery]
Chocolate candies
Chocolate confectionery having a praline flavour
Chocolate-coated sugar confectionery
Confectionery
Honeycomb toffee
Low-carbohydrate confectionery
High-protein cereal bars
Cereal-based meal replacement bars
Chocolate-based meal replacement bars
Snack bars containing a mixture of grains, nuts and dried fruit [confectionery]