The trademark NUKA COLA was filed by ZeniMax Media Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on April 18, 2023, and received one opposition filed on July 18, 2023 by The Coca-Cola Company on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOYNG ROKH MONEGIER ESPAÑA, S.L.U. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 18, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded computer game software
Downloadable computer game software via a global computer network and wireless devices
Downloadable computer game software for personal computers and home video game consoles
Downloadable computer game software for use on mobile and cellular phones and handheld computers
Downloadable electronic publications in the nature of magazines and newsletters in the field of video games
Mousepads
Mobile phone covers
Records, discs, tapes, cassettes, cartridges, cards and other carriers bearing or for use in bearing sound recordings, video recordings, data, images, games, graphics, text, programs or information
Vinyl records
Decorative magnets
Sunglasses.
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, picture frames
Containers, not of metal, for storage or transport
Chairs
Shelving units
Furniture shelves
Pillows
Cork boards
Collectible statues of plastic
Pet cushions
Beds for pets
Handheld mirrors.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Chinaware
Cookware and tableware, except forks, knives and spoons
Glassware
Porcelain, pottery and earthenware
Comb cases and combs
Sponges (not for surgical use)
Glasses
Shot glasses
Mugs
Hip flasks
Money boxes
Lunch boxes
Thermal bottles
Tooth brushes
Hair brushes
Bath products, namely bath brushes and bath sponges
Articles for cleaning purposes
Baskets
Containers for beverages
Bottle openers
Ironing boards
Bottles
Statuettes, figurines and models of porcelain, terracotta, glass, china or earthenware