The trademark Sunny was filed by Sino Investment Polska sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on August 10, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on November 9, 2022 by Ayach, David on Likelihood of confusion. the opponent was represented by INSCRIPTA and its proceedings were handled in English
The second opposition filed on November 9, 2022 by SMA Solar Technology AG on Likelihood of confusion. the opponent was represented by LOESENBECK · SPECHT · DANTZ and its proceedings were handled in English
The third opposition filed on November 7, 2022 by RAUCH Fruchtsäfte GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Konzett, Michael and its proceedings were handled in English
The fourth opposition filed on November 7, 2022 by The Sunrider Corporation on Likelihood of confusion. the opponent was represented by GRAU & ANGULO and its proceedings were handled in English
The fifth opposition filed on November 2, 2022 by BRATIA PEPECH OOD on Likelihood of confusion. the opponent was represented by Ardeleanu, Ruxandra Raluca and its proceedings were handled in English
The sixth opposition filed on October 20, 2022 by SUN SOCIETA' CONSORTILE A R.L. on Likelihood of confusion. the opponent was represented by BUGNION S.P.A. and its proceedings were handled in English
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003182212 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 15, 2024 by the EUIPO. The Opposition with reference B 003182878 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 11, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 30 with following description of goods:
Flour
Breakfast cereals, porridge and grits
Rice
Groats for human food
Oat flakes
Ready-to-eat cereals
Corn flakes
Breakfast cereals
Ice cream
Sherbets [ices]
Ice, ice creams, frozen yogurts and sorbets
Salts, seasonings, flavourings and condiments
Coffee, teas and cocoa and substitutes therefor
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Molasses for food
Sweet glazes and fillings
Bread
Vinegar
Sauces
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Cereal preparations
Dried and fresh pastas, noodles and dumplings.
The mark was filed in class 32 with following description of goods:
Soft drinks
Beer and non-alcoholic beer
Beer and brewery products
Non-alcoholic preparations for making beverages
Flavoured carbonated beverages
Juices
Waters.
The mark was filed in class 35 with following description of goods:
Administration of the business affairs of franchises
Sales promotion for others
Negotiation and conclusion of commercial transactions for third parties via telecommunication systems
Business assistance, management and administrative services
Advertising, marketing and promotional services
Advisory services (Business -) relating to the operation of franchises
Business advice relating to franchising
Provision of assistance [business] in the establishment of franchises
Management advisory services related to franchising
Business management assistance in the field of franchising
Online retail services in relation to anti-theft, security and safety devices and equipment for vehicles
Auctioneering services
Providing commercial information to consumers
Bidding quotation
Purchasing of goods and services for other businesses
Information about sales methods
Consulting in sales techniques and sales programmes
Arranging subscriptions to Internet services
Negotiation of contracts relating to the purchase and sale of goods
Mediation and conclusion of commercial transactions for others
Arranging of contracts for others for the buying and selling of goods
Import-export agency services
Providing consumer product advice
Consultancy relating to advertising
Personnel consultancy
Management advice
Consulting services in the field of Internet marketing
Consultancy relating to tax accounting
Consulting services in the field of development of advertising concepts
Business management consultancy and advisory services
Advisory and consultancy services relating to the procurement of goods for others
Advertising, marketing and promotional consultancy, advisory and assistance services
Distribution of advertising, marketing and promotional material
Provision and rental of advertising space, time and media
Loyalty, incentive and bonus program services
Public relations services
Trade show and commercial exhibition services
Product demonstrations and product display services
Administration relating to marketing
Retail services in relation to flour
Wholesale services in relation to flour
Online retail services in relation to flour
Retail services in relation to breakfast cereals, porridge and grits
Wholesale services in relation to breakfast cereals, porridge and grits
Online retail services in relation to breakfast cereals, porridge and grits
Retail services in relation to rice
Wholesale services in relation to rice
Online retail services in relation to rice
Retail services in relation to groats for human food
Wholesale services in relation to groats for human food
Online retail services in relation to groats for human food
Retail services in relation to oat flakes
Wholesale services in relation to oat flakes
Online retail services in relation to oat flakes
Retail services in relation to ready-to-eat cereals
Wholesale services in relation to ready-to-eat cereals
Online retail services in relation to ready-to-eat cereals
Retail services in relation to corn flakes
Wholesale services in relation to corn flakes
Online retail services in relation to corn flakes
Retail services in relation to breakfast cereals
Wholesale services in relation to breakfast cereals
Online retail services in relation to breakfast cereals
Retail services in relation to ice cream
Wholesale services in relation to ice cream
Online retail services in relation to ice cream
Retail services in relation to sherbets [ices]
Wholesale services in relation to sherbets [ices]
Online retail services in relation to sherbets [ices]
Retail services in relation to ice, ice creams, frozen yogurts and sorbets
Wholesale services in relation to ice, ice creams, frozen yogurts and sorbets
Online retail services in relation to ice, ice creams, frozen yogurts and sorbets
Retail services in relation to salts, seasonings, flavourings and condiments
Wholesale services in relation to salts, seasonings, flavourings and condiments
Online retail services in relation to salts, seasonings, flavourings and condiments
Retail services in relation to coffee, teas and cocoa and substitutes therefor
Wholesale services in relation to coffee, teas and cocoa and substitutes therefor
Online retail services in relation to coffee, teas and cocoa and substitutes therefor
Retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Wholesale services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Online retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Retail services in relation to molasses for food
Wholesale services in relation to molasses for food
Online retail services in relation to molasses for food
Retail services in relation to sweet glazes and fillings
Wholesale services in relation to sweet glazes and fillings
Online retail services in relation to sweet glazes and fillings
Retail services in relation to bread
Wholesale services in relation to bread
Online retail services in relation to bread
Retail services in relation to vinegar
Wholesale services in relation to vinegar
Online retail services in relation to vinegar
Retail services in relation to sauces
Wholesale services in relation to sauces
Online retail services in relation to sauces
Retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Wholesale services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Online retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Retail services in relation to cereal preparations
Wholesale services in relation to cereal preparations
Online retail services in relation to cereal preparations
Retail services in relation to dried and fresh pastas, noodles and dumplings
Wholesale services in relation to dried and fresh pastas, noodles and dumplings
Online retail services in relation to dried and fresh pastas, noodles and dumplings
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 beer and non-alcoholic beer
Wholesale services in relation to beer and non-alcoholic beer
Online retail services in relation to beer and non-alcoholic beer
Retail services in relation to beer and brewery products
Wholesale services in relation to beer and brewery products
Online retail services in relation to beer and brewery products
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 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 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 fodder
Wholesale services in relation to fodder
Online retail services in relation to fodder
Retail services in relation to agricultural and aquacultural crops, horticulture and forestry products
Wholesale services in relation to agricultural and aquacultural crops, horticulture and forestry products
Online retail services in relation to agricultural and aquacultural crops, horticulture and forestry products
Retail services in relation to fungi
Wholesale services in relation to fungi
Online retail services in relation to fungi
Retail services in relation to plants and their fresh produce
Wholesale services in relation to plants and their fresh produce
Online retail services in relation to plants and their fresh produce
Retail services in relation to raw and unprocessed agricultural products
Wholesale services in relation to raw and unprocessed agricultural products
Online retail services in relation to raw and unprocessed agricultural products
Retail services in relation to raw and unprocessed forestry products
Wholesale services in relation to raw and unprocessed forestry products
Online retail services in relation to raw and unprocessed forestry products
Retail services in relation to raw and unprocessed horticultural products
Wholesale services in relation to raw and unprocessed horticultural products
Online retail services in relation to raw and unprocessed horticultural products
Retail services in relation to flowers
Wholesale services in relation to flowers
Online retail services in relation to flowers
Retail services in relation to seeds, bulbs and seedlings for plant breeding
Wholesale services in relation to seeds, bulbs and seedlings for plant breeding
Online retail services in relation to seeds, bulbs and seedlings for plant breeding
Retail services in relation to malts and unprocessed cereals
Wholesale services in relation to malts and unprocessed cereals
Online retail services in relation to malts and unprocessed cereals
Retail services in relation to fresh fruits, nuts, vegetables and herbs
Wholesale services in relation to fresh fruits, nuts, vegetables and herbs
Online retail services in relation to fresh fruits, nuts, vegetables and herbs
Retail services in relation to alcoholic essences and extracts
Wholesale services in relation to alcoholic essences and extracts
Online retail services in relation to alcoholic essences and extracts
Retail services in relation to alcoholic beverages (except beer)
Wholesale services in relation to alcoholic beverages (except beer)
Online retail services in relation to alcoholic beverages (except beer)
Retail services in relation to cider
Wholesale services in relation to cider
Online retail services in relation to cider
Retail services in relation to spirits [beverages]
Wholesale services in relation to spirits [beverages]
Online retail services in relation to spirits [beverages]
Retail services in relation to wine
Wholesale services in relation to wine
Online retail services in relation to wine
Retail services in relation to pre-mixed alcoholic beverages
Wholesale services in relation to pre-mixed alcoholic beverages
Online retail services in relation to pre-mixed alcoholic beverages
Retail services in relation to articles for use with tobacco
Wholesale services in relation to articles for use with tobacco
Online retail services in relation to articles for use with tobacco
Retail services in relation to tobacco and tobacco products (including substitutes)
Wholesale services in relation to tobacco and tobacco products (including substitutes)
Online retail services in relation to tobacco and tobacco products (including substitutes)
Retail services in relation to personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Wholesale services in relation to personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Online retail services in relation to personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Retail services in relation to dairy products and dairy substitutes
Wholesale services in relation to dairy products and dairy substitutes
Online retail services in relation to dairy products and dairy substitutes
Retail services in relation to edible oils and fats
Wholesale services in relation to edible oils and fats
Online retail services in relation to edible oils and fats
Retail services in relation to processed fruits, fungi, vegetables, nuts and pulses
Wholesale services in relation to processed fruits, fungi, vegetables, nuts and pulses
Online retail services in relation to processed fruits, fungi, vegetables, nuts and pulses
Retail services in relation to fish, seafood and molluscs, not live
Wholesale services in relation to fish, seafood and molluscs, not live
Online retail services in relation to fish, seafood and molluscs, not live
Retail services in relation to soups and stocks, meat extracts
Wholesale services in relation to soups and stocks, meat extracts
Online retail services in relation to soups and stocks, meat extracts
Retail services in relation to meat and meat products
Wholesale services in relation to meat and meat products
Online retail services in relation to meat and meat products
Retail services in relation to cheese
Wholesale services in relation to cheese
Online retail services in relation to cheese
Retail services in relation to birds eggs and egg products
Wholesale services in relation to birds eggs and egg products
Online retail services in relation to birds eggs and egg products
Retail services in relation to fruit, processed
Wholesale services in relation to fruit, processed
Online retail services in relation to fruit, processed
Retail services in relation to butter
Wholesale services in relation to butter
Online retail services in relation to butter
Retail services in relation to soft white cheese
Wholesale services in relation to soft white cheese
Online retail services in relation to soft white cheese
Retail services in relation to cheese mixtures
Wholesale services in relation to cheese mixtures
Online retail services in relation to cheese mixtures
Retail services in relation to mold-ripened cheese
Wholesale services in relation to mold-ripened cheese
Online retail services in relation to mold-ripened cheese
Retail services in relation to sheep cheese
Wholesale services in relation to sheep cheese
Online retail services in relation to sheep cheese
Retail services in relation to smoked cheese
Wholesale services in relation to smoked cheese
Online retail services in relation to smoked cheese
Retail services in relation to fresh unripened cheeses
Wholesale services in relation to fresh unripened cheeses
Online retail services in relation to fresh unripened cheeses
Retail services in relation to ripened cheeses
Wholesale services in relation to ripened cheeses
Online retail services in relation to ripened cheeses
Retail services in relation to cheese spreads
Wholesale services in relation to cheese spreads
Online retail services in relation to cheese spreads
Retail services in relation to yoghurt
Wholesale services in relation to yoghurt
Online retail services in relation to yoghurt
Retail services in relation to kephir [milk beverage]
Wholesale services in relation to kephir [milk beverage]
Online retail services in relation to kephir [milk beverage]
Retail services in relation to goat milk
Wholesale services in relation to goat milk
Online retail services in relation to goat milk
Retail services in relation to cows' milk
Wholesale services in relation to cows' milk
Online retail services in relation to cows' milk
Retail services in relation to milk
Wholesale services in relation to milk
Online retail services in relation to milk
Retail services in relation to milk products
Wholesale services in relation to milk products
Online retail services in relation to milk products
Retail services in relation to buttermilk
Wholesale services in relation to buttermilk
Online retail services in relation to buttermilk
Retail services in relation to whey
Wholesale services in relation to whey
Online retail services in relation to whey
Retail services in relation to curd
Wholesale services in relation to curd
Online retail services in relation to curd
Retail services in relation to cream [dairy products]
Wholesale services in relation to cream [dairy products]
Online retail services in relation to cream [dairy products]
Retail services in relation to fish, preserved
Wholesale services in relation to fish, preserved
Online retail services in relation to fish, preserved
Retail services in relation to fish, not live
Wholesale services in relation to fish, not live
Online retail services in relation to fish, not live
Retail services in relation to fruit chips
Wholesale services in relation to fruit chips
Online retail services in relation to fruit chips
Retail services in relation to potato crisps
Wholesale services in relation to potato crisps
Online retail services in relation to potato crisps
Retail services in relation to vegetable chips
Wholesale services in relation to vegetable chips
Online retail services in relation to vegetable chips
Retail services in relation to frozen fruits
Wholesale services in relation to frozen fruits
Online retail services in relation to frozen fruits
Retail services in relation to frozen seafood
Wholesale services in relation to frozen seafood
Online retail services in relation to frozen seafood
Retail services in relation to frozen vegetables
Wholesale services in relation to frozen vegetables
Online retail services in relation to frozen vegetables
Retail services in relation to jams
Wholesale services in relation to jams
Online retail services in relation to jams
Retail services in relation to vegetable mousses
Wholesale services in relation to vegetable mousses
Online retail services in relation to vegetable mousses
Retail services in relation to fruit purees
Wholesale services in relation to fruit purees
Online retail services in relation to fruit purees.