The trademark HAPPY was filed by MAGIC PACK S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 18, 2023, and received one opposition filed on August 15, 2023 by HAPPY JSC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Georgieva-Tabakova, Milena Lyubenova and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 15, 2023
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 16 with following description of goods:
Blister packs for packaging
Plastic bags for wrapping
Carrying cases made of paper
Containers of cardboard [wrapping]
Cardboard carriers for food and beverages
Containers of paper for packaging purposes
Packaging containers of regenerated cellulose
Viscose sheets for wrapping
Wrapping paper
Board card for packaging
Sheets of reclaimed cellulose for wrapping
Bottle wrappers of paper or cardboard
Packaging materials made of recycled paper
Packaging materials of plastic for sandwiches
Bags (envelopes, pouches) of paper, cardboard and plastic for packaging
Polypropylene foil for packing
Plastic films for wrapping and packaging
Sheets, films and bags of plastic for packaging and wrapping
Bubble packs for packaging or wrapping
Humidity control sheets of paper or plastic for foodstuff packaging
Adhesive packaging tapes
Food wrappers
Plastic film for wrapping food
Packages of plastic
Packaging made of card board
Bags for microwave cooking
Plastic oven cooking bags
Plastic food bags for household use
Containers and packaging of paper for foodstuffs and beverages, made of materials designed to reduce environmental impact
Plastic flexible packaging film sold in bulk to commercial and industrial manufacturers
Cardboard boxes for industrial packaging
Rolls of plastic film for packaging.
The mark was filed in class 20 with following description of goods:
Containers, not of metal [storage, transport]
Closures for containers, non-metallic
Closure devices of plastic for containers
Packaging containers of plastic
Transparent food containers for commercial packaging use
Crates
Packaging containers not of metal
Stacking trays of plastic for the packaging of eggs
Plastic trays [containers] used in food packaging
Pots of plastic for packaging.
The mark was filed in class 21 with following description of goods:
Heat retaining containers for food or beverages
Reclosable household containers, not of metal, for food
Heat-insulated containers
Thermally insulated containers for food
Containers for household or kitchen use
Food containers
Confectioners' decorating bags [pastry bags]
Household containers
Lunch containers of plastic
Basins [receptacles]
Cups of paper or plastic.
The mark was filed in class 35 with The bringing together of a variety of goods for packaging or wrapping (excluding the transport thereof), enabling customers to conveniently view and purchase those goods and Retailing or wholesaling, including online, in relation to the following goods: Containers and other products for wrapping and packaging..
The mark was filed in class 39 with following description of goods:
Wrapping and packaging services
Packing of food
Provision of storage services
Storage of goods
Rental of crates
Consultancy in relation to the following fields: Packaging services and Bottling
Packing of goods.
The mark was filed in class 40 with following description of goods:
Processing of plastics
Processing of plastics
Customised assembly of plastic elements and composites for others
Printing of decorative patterns on plastic films and wrapping paper
Providing information relating to the processing of plastics
Paper treating and working.
The mark was filed in class 42 with following description of goods:
Designing of packaging and wrappingmaterials
Packaging design
Research and development of new products for others, in the field of wrapping and packaging
Research and development of new products for others.