The trademark TIPTOH was filed by Cumuco bv, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on July 20, 2022, and received one opposition filed on October 18, 2022 by TikTok Information Technologies UK Limited on Likelihood of confusion. the opponent was represented by TAYLOR WESSING N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 18, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003181252 was refused according to Article 8(1)(b) EUTMR with decision issued on October 25, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Milk substitutes
Edible fats
Butter for use in cooking
Hardened oils for food
Fat-containing mixtures for bread slices
Vegetable fats for cooking
Vegetable oils for food
Vegetable fats for food
Margarine substitutes
Butter substitutes
Non-dairy creamer
Meat substitutes
Dairy products and dairy substitutes
Plant-based milk substitutes.
The mark was filed in class 30 with following description of goods:
Coffee
Cocoa-based beverages
Cocoa products
Chocolate-based beverages
Coffee flavourings
Ground coffee
Espresso
Non-dairy ice cream
Vegan ice cream
Ice cream substitute.
The mark was filed in class 32 with following description of goods:
Nutritionally fortified beverages
Protein-enriched sports beverages
Oat-based beverages [not being milk substitutes]
Non-alcoholic drinks enriched with vitamins and mineral salts