The trademark M / MORE NUTRITION was filed by Quality First GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 27, 2022, and received one opposition filed on January 29, 2023 by Monster Energy Company on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PLESNER Advokatpartnerselskab and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 29, 2023
It was designated 'Basic Application' for International Application 1716111 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on November 28, 2022.
The Opposition with reference B 003189452 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 16, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Marketing
Business administration
Business administration
Updating and maintenance of data in computer databases
Updating of advertising material
Cost price analysis
Business inquiries
Banner advertising
Computerized file management
Compilation of statistics
Publication of publicity texts
Layout services for advertising purposes
Market analysis
Marketing research and analysis
Merchandising
Advertising by mail order
Market canvassing
Customer loyalty services for commercial, promotional and/or advertising purposes
Retail services in relation to foodstuffs
Providing consumer product information relating to food or drink products
Retail services in relation to dietary supplements
Wholesale services in relation to dietary supplements
Online retail services in relation to nutritional supplements
Retail services in relation to food packaging
Wholesale services in relation to food packaging
Online retail services in relation to: Food wrap
Retail services in relation to: containers for foodstuffs and drinks
Wholesale services in relation to: containers for foodstuffs and drinks
Online retail services in relation to: containers for foodstuffs and drinks
Retail services in relation to clothing
Wholesale services in relation to clothing
Online retail store services relating to clothing
Retail services in relation to footwear
Wholesale services in relation to footwear
Online retail services in relation to footwear
Retail services in relation to headgear
Wholesale services in relation to headgear
Online retail services in relation to headgear
Retail services relating to sporting goods
Wholesale services relating to sporting goods
Online retail store services featuring sporting goods
Retail services in relation to sporting equipment
Wholesale services in relation to sporting equipment
Online retail store services featuring sporting equipment
Retail services relating to food
Wholesaling in relation to foodstuffs
Retail services in relation to non-alcoholic beverages
Wholesale services in relation to non-alcoholic beverages
Retail services relating to alcoholic beverages
Wholesale services in relation to alcoholic beverages (except beer)
Mail order retail services related to non-alcoholic beverages
Mail order retail services related to alcoholic beverages (except beer)
Mail order retail services related to foodstuffs
Mail-order retailing of dietary supplements
Mail order services of the following goods: Food wrap
Mail order services of the following goods: containers for foodstuffs and drinks
Mail order in relation to headgear
Mail order services related to sporting equipment
Wholesale services in relation to dietetic preparations
Retail services in relation to dietetic preparations
Provision of space on web-sites for advertising goods and services
Provision of space on web-sites for advertising goods and services
Provision of an online marketplace for buyers and sellers of goods and services
Influencer marketing
Promotion of goods through influencers
Wholesale services in relation to dairy products
Wholesale services in relation to preparations for making beverages
Wholesale services in relation to preparations for making alcoholic beverages
Retail services in relation to preparations for making alcoholic beverages