The trademark NITRO was filed by Lechler Ventures GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 27, 2023, and received one opposition filed on July 26, 2023 by Carbotek Systems GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Sonnenberg Harrison Partnerschaft mbB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 26, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003200426 was partially refused EUTMA/IR according to Article 8(1) EUTMDR with decision issued on July 3, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 11 with following description of goods:
Refrigerated dispensing units for beverages
Beverage cooling apparatus
Refrigerated beverage dispensing units [other than vending]
Electric coffee brewers
Apparatus for dispensing chilled beverages
Refrigerating apparatus
Cooling installations for liquids
Cooling installations
Cooling apparatus for liquids
Cooling installations for fluids
Refrigerators
Cooling apparatus and appliances
Refrigerating apparatus and machines
Deep freezing apparatus
Cooling evaporators
Coils for cooling
Refrigerating cabinets
Domestic refrigerators.
The mark was filed in class 33 with following description of goods:
Alcoholic coffee-based beverage
Alcoholic beverages of fruit
Alcoholic cocktail mixes
Pre-mixed alcoholic beverages
Alcoholic fruit cocktail drinks
Pre-mixed alcoholic beverages, other than beer-based