The trademark NOT MILK 100% PFLANZLICH was filed by Black Forest Nature GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 9, 2023, and received one opposition filed on May 8, 2023 by Oatly AB on Likelihood of confusion. the opponent was represented by AWA SWEDEN AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 8, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Milk substitute beverages
Milk substitute beverages, based on the following products: Soya, Coconut, Nuts, Grains
Dairy product substitutes
Dairy substitutes, based on the following products: Plants, Nuts, Grains, Especially Soya yoghurt, Tofu, cream substitutes containing oat, yoghurt substitutes containing oats.
The mark was filed in class 30 with following description of goods:
Ice cream products with based on plants, nuts and cereals
Cereal-based snack food
Beverages made with a base of tea.
The mark was filed in class 32 with following description of goods:
Mineral and aerated waters and other non-alcoholic beverages
Fruit beverages and fruit juices
Vegetable juice and grain based beverages
Syrups and other preparations for making beverages
Beverages, based on the following products: Nuts, Soya, Rice and Cereals, [not being milk substitutes]