The trademark ELEPHANT PREMIUM SOFT DRINKS was filed by ΑΡΙΣΤΕΙΔΗΣ ΒΕΖΟΝΙΑΡΑΚΗΣ, a national of the Hellenic Republic (the "Applicant"). The application was published for oppositions on March 8, 2022, and received one opposition filed on June 8, 2022 by Elephant Gin GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 8, 2022
The application was filed in Greek, and Greek was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003172569 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 17, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 32 with following description of goods:
Soft drinks
Flavoured carbonated beverages
Aerated juices
Fruit flavored soft drinks
Low-calorie soft drinks
Carbonated non-alcoholic drinks
Cola
Non-alcoholic flavored carbonated beverages
Bitter lemon
Cola drinks
Colas [soft drinks]
Tonic water [non-medicated beverages]
Energy drinks containing caffeine
Non-alcoholic beverages flavoured with coffee
Juices
Organic fruit juice
Aerated fruit juices
Non-alcoholic fruit juice beverages
Fruit nectars, non-alcoholic
Non-alcoholic vegetable juice drinks
Fruit-based beverages
Energy drinks [not for medical purposes]
Isotonic beverages
Isotonic beverages [not for medical purposes]
Cocktails, non-alcoholic
Non-alcoholic fruit cocktails
Non-alcoholic rice punch (sikhye)
Non-alcoholic cinnamon punch with dried persimmon (sujeonggwa)
Non-alcoholic drinks enriched with vitamins and mineral salts