018720444

HOT DAMN!

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June 21, 2022

Trademark Summary

The trademark HOT DAMN! was filed by Getir Germany GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 20, 2022, and received one opposition filed on January 9, 2023 by SOCIEDAD ANONIMA DAMM on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DESPACHO GONZÁLEZ-BUENO, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 9, 2023

The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).

Appointment and Replacement of representative of the trademark registration was recorded on October 10, 2023. A transfer of the trademark registration was recorded on November 16, 2023.

The Opposition with reference B 003187837 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 4, 2024 by the EUIPO.

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Goods And Services

• The mark was filed in class 29 with following description of goods:
  
  1. Plant milk
  2. Almond milk
  3. Chia Milk
  4. Coconut milk
  5. Nut based milk
  6. Oat Milk
  7. Dried fruit and vegetable snacks
  8. Processed, dried, roasted and seasoned Nuts and Seeds
  9. Preserved, frozen, dried and cooked fruits and vegetables
  10. Jellies
  11. Jams
  12. Compotes
  13. Eggs
  14. Milk, cheese, butter, yogurt and other milk products
  15. Oils and fats for food
  16. Frozen fruit and vegetables
  17. Preserved fruit and vegetables
  18. Processed fruit and vegetables
  19. Antipasto salads
  20. Dips
  21. Dairy products and dairy substitutes
  22. Processed fruits, fungi, vegetables, nuts and pulses
  23. Prepared meals, convenience food and savoury snacks
  24. Meat, fish, poultry and game and products thereof
  25. Soy based snacks and products
  26. Seaweed based snacks and products
  27. Sausages and Ham
  28. Peanut butter.
• The mark was filed in class 30 with following description of goods:
  
  1. Coffee, tea, cocoa and artificial coffee
  2. Beverages with coffee, cocoa, chocolate or tea base
  3. Coffee beans
  4. Grounded coffee
  5. Tea and Coffee Drinks
  6. Iced tea
  7. Sweeteners
  8. Honey
  9. Flour and preparations made from cereals
  10. Bread, pastries and confectionery
  11. Chocolate
  12. Ice cream, sorbets and other edible ices
  13. Sugar, honey, treacle
  14. Salt, seasonings, spices, preserved herbs
  15. Vinegar, sauces and other condiments
  16. Ice (frozen water)
  17. Probiotic cereal-, chocolate-, cocoa-, coffee-, grain- or Muesli-based snack bars
  18. Cereal bars and Energy bars
  19. Grape sugar
  20. Appetizers
  21. Aioli
  22. Bagels
  23. Burritos
  24. Ciabatta bread
  25. Flour-based dumplings
  26. Mango chutney
  27. Matzo
  28. Miso
  29. Naan bread
  30. Nachos
  31. Rice noodles
  32. Pesto
  33. Pita
  34. Pizza
  35. Pretzels
  36. Quiches
  37. Ramen
  38. Salsa
  39. Samosas
  40. Sambal oelek
  41. Tacos
  42. Pasta
  43. Tapioca
  44. Vla [custard]
  45. Wasabi
  46. Candy namely Cotton candy, Biscuits, Bonbons, Bubble gum, Candy bars, Edible paper, Licorice, Marshmallows, Marzipan, Toffees, Turkish delight, Wine gums
  47. Cakes and Pastries, in particular Brownies, Cheesecakes, Cookies, Crêpes, Cupcakes, Donuts, Éclairs, Fortune cookies, Fruit cakes, Ginger bread, Lemon tarts, Madeleines, Moon cakes, Muffins, Pains au chocolat, Pancakes, Pies, Tiramisu, Waffles
  48. Frozen yoghurt
  49. Dairy and Fruit Ice cream
  50. Puddings
  51. Custard
  52. Panna cotta
  53. Spices, in particular Basil, Chili, Cloves, Cinnamon, Coriander, Cumin, Curry, Garam masala, Garden herbs, Garlic, Horseradish, Mint, Nutmeg (ground) Oregano, Paprika powder, Parsley, Pepper, Rosemary, Sage, Salt and sea salt, Saffron, White, brown, palm and crystal Sugar,Star Anise, Thyme, Vanilla, and Wheat Flour
  54. Bread
  55. Breadsticks
  56. Cornflakes
  57. Muesli Bars
  58. Toast
  59. Rice, pasta and noodles
  60. Tapioca and sago
  61. Sugar
  62. Yeast
  63. Baking-powder
  64. Cereals prepared for human consumption, for example, oat flakes, corn chips, husked barley, bulgur, muesli
  65. Pizza
  66. Pies
  67. Sandwiches
  68. Chocolate-coated nuts
  69. Prepared meals, convenience food and savoury snacks
  70. Savoury sauces, chutneys and pastes.