The trademark Simon Fresh was filed by Simon Gyümölcs Korlátolt Felelősségű Társaság, a corporation established under the laws of Hungary (the "Applicant"). The application was published for oppositions on August 9, 2022, and received one opposition filed on November 2, 2022 by J. GARCIA CARRION, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Ungría López, Javier and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 2, 2022
The application was filed in Hungarian, and Hungarian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003182182 was refused according to Article 8(1)(b) EUTMR with decision issued on March 6, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 32 with following description of goods:
Soft drinks
Non-alcoholic preparations for making beverages
Juices
Waters
Flavoured carbonated beverages
Cider, non-alcoholic
Non-alcoholic fruit extracts
Non-alcoholic fruit juice beverages
Non-alcoholic vegetable juice drinks
Apple juice beverages
Fruit drinks
Fruit juice concentrates
Fruit nectars, non-alcoholic
Fruit flavored soft drinks
Fruit-flavoured beverages
Iced fruit beverages
Vegetable drinks
Mineral water [beverages]
Syrups for making flavoured mineral waters.
The mark was filed in class 35 with following description of goods:
Retail services in relation to soft drinks
Wholesale services in relation to soft drinks
Online retail services in relation to soft drinks
Retail services in relation to non-alcoholic preparations for making beverages
Wholesale services in relation to non-alcoholic preparations for making beverages
Online retail services in relation to non-alcoholic preparations for making beverages
Retail services in relation to juices
Wholesale services in relation to juices
Online retail services in relation to juices
Retail services in relation to waters
Wholesale services in relation to waters
Online retail services in relation to waters
Retail services in relation to flavoured carbonated beverages
Wholesale services in relation to flavoured carbonated beverages
Online retail services in relation to flavoured carbonated beverages
Retail services in relation to cider, non-alcoholic
Wholesale services in relation to cider, non-alcoholic
Online retail services in relation to cider, non-alcoholic
Retail services in relation to non-alcoholic fruit extracts
Wholesale services in relation to non-alcoholic fruit extracts
Online retail services in relation to non-alcoholic fruit extracts
Retail services in relation to non-alcoholic fruit juice beverages
Wholesale services in relation to non-alcoholic fruit juice beverages
Online retail services in relation to non-alcoholic fruit juice beverages
Retail services in relation to non-alcoholic vegetable juice drinks
Wholesale services in relation to non-alcoholic vegetable juice drinks
Online retail services in relation to non-alcoholic vegetable juice drinks
Retail services in relation to apple juice beverages
Wholesale services in relation to apple juice beverages
Online retail services in relation to apple juice beverages
Retail services in relation to fruit drinks
Wholesale services in relation to fruit drinks
Online retail services in relation to fruit drinks
Retail services in relation to fruit juice concentrates
Wholesale services in relation to fruit juice concentrates
Online retail services in relation to fruit juice concentrates
Retail services in relation to fruit nectars, non-alcoholic
Wholesale services in relation to fruit nectars, non-alcoholic
Online retail services in relation to fruit nectars, non-alcoholic
Retail services in relation to fruit flavored soft drinks
Wholesale services in relation to fruit flavored soft drinks
Online retail services in relation to fruit flavored soft drinks
Retail services in relation to fruit-flavoured beverages
Wholesale services in relation to fruit-flavoured beverages
Online retail services in relation to fruit-flavoured beverages
Retail services in relation to iced fruit beverages
Wholesale services in relation to iced fruit beverages
Online retail services in relation to iced fruit beverages
Retail services in relation to vegetable drinks
Wholesale services in relation to vegetable drinks
Online retail services in relation to vegetable drinks
Retail services in relation to mineral water [beverages]
Wholesale services in relation to mineral water [beverages]
Online retail services in relation to mineral water [beverages]
Retail services in relation to syrups for making flavoured mineral waters
Wholesale services in relation to syrups for making flavoured mineral waters
Online retail services in relation to syrups for making flavoured mineral waters.