The trademark ALTIVE was filed by CJ CHEILJEDANG CORPORATION, a corporation established under the laws of the Republic of Korea (the "Applicant"). The application was published for oppositions on June 9, 2022, and received one opposition filed on September 8, 2022 by Aldi GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 8, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Flavorings for beverages [essential oils]
Food flavoring, being essential oils
Natural essential oils
Toiletry preparations
Cosmetics
Cosmetics using natural substances
Toilet water
Perfumes
Facial packs
Hair care preparations
Skin care preparations
Perfumery
Room fragrances
Pre-moistened cosmetic tissues
Detergent soap
Shampoos
Skin cleansers
Toothpaste
Pre-moistened cleansing tissues
Baby shampoo.
The mark was filed in class 9 with following description of goods:
3D spectacles
Cameras [photography]
Cases for smartphones
Strap for cellphones
Computer game software, downloadable
Computer operating programmes
Computer operating software
Computer application software for mobile phones
Computer software for remote telecommunication
Covers for smartphones
Covers for tablet computers
Downloadable emoticons for mobile phones
Downloadable image files
Downloadable coupon
Downloadable electronic brochure
Computers
Eyeglasses
Goggles for sports
Head guards for sports
Headgear being protective helmets
Headphones
Light-emitting diodes [LED]
Mouse pads
Mouth guards for sports
Projection screens
Protective helmets
Protective masks, not for medical purposes
Smartglasses
Smartwatches
Videotapes
Software for commerce over a global communications network
Computer application software for cellphones.
The mark was filed in class 16 with following description of goods:
Albums
Scrapbooks
Bags [envelopes, pouches] of paper or plastics, for packaging
Bags for microwave cooking
Booklets
Bookmarks
Books
Calendars
Cards
Charts
Catalogues
Magazines [periodicals]
Manuals [handbooks]
Note books
Office requisites, except furniture
Stuffing of paper or cardboard
Pamphlets
Paper
Pen cases
Pen clips
Pens [writing instruments]
Periodicals
Photographs [printed]
Pictures
Postcards
Posters
Printed coupons
Printed publications
Stamps [seals]
Stationery
Stickers
Table napkins of paper
Tablemats of paper
Tickets
Towels of paper.
The mark was filed in class 28 with following description of goods:
Games
Toys [playthings]
Video game apparatus
Gymnastic and sporting articles
Ornaments for Christmas trees, except illumination articles and confectionery
Balls for games
Darts
Dice
Dolls
Elbow guards [sports articles]
Knee guards [sports articles]
Protective paddings [parts of sports suits]
Scratch cards for playing lottery games
Shin guards [sports articles].
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Providing commercial information and advice for consumers in the choice of products and services
Dissemination of advertising matter
Distribution of samples
Marketing
Online advertising on a computer network
Presentation of goods on communication media, for retail purposes
Promotion of goods and services through sponsorship of sports events
Promoting the goods and services by means of operating an on-line comprehensive shopping mall, supermarkets
Retail services in relation to cosmetics
Retail services in relation to toiletry preparations
Retail services in relation to office requisites, except furniture
Retail services in relation to catalogues
Retail services in relation to stickers
Retail services in relation to containers for household use
Retail services in relation to mugs
Retail services in relation to gymnastic and sporting articles
Retail services in relation to balls for games
Retail services in relation to milk
Retail services in relation to milk substitutes
Retail services in relation to tofu
Retail services in relation to yogurt
Retail services in relation to vegetable-based cream
Retail services in relation to ice cream
Retail services in relation to tea
Retail services in relation to tea-based beverages
Retail services in relation to coffee
Retail services in relation to coffee-based beverages
Retail services in relation to cocoa
Retail services in relation to non-alcoholic beverages
Retail services in relation to fruit-based beverages