The trademark BIG 5 was filed by LOVE STRUCK (F&B) LIMITED, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on June 4, 2023, and received one opposition filed on August 16, 2023 by SANCHEZ ROMERO CARVAJAL JABUGO S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by AGUILAR I REVENGA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 16, 2023
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2023.The first Cancellation was filed by DOMUS CAPITAL, S.A. (represented by GASTÃO DA CUNHA FERREIRA, LDA.) on October 21, 2024 and Adversarial proceedings are ongoing.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on January 18, 2024. Partial Surrender of the trademark registration was recorded on October 21, 2024.
Goods And Services
The mark was filed in class 29 with following description of goods:
Preserved, frozen, dried and cooked fruits and vegetables
Milk, yogurt and other milk products
Milkshakes
Preparations for making soups
Soups.
The mark was filed in class 32 with following description of goods:
Fruit drinks, smoothies, alcohol free beverages
Beverages consisting principally of fruit juices
Non-alcoholic beverages
Beverages (preparations for making-)
Concentrated fruit juice
Concentrates for making fruit drinks
Concentrates for use in the preparation of soft drinks
Energy drinks
Frozen carbonated beverages
Frozen fruit beverages
Frozen fruit drinks
Frozen fruit-based beverages
Fruit beverages
Fruit beverages and fruit juices
Fruit extracts (non-alcoholic -)
Fruit flavoured drinks
Fruit juice
Fruit juice beverages (non-alcoholic -)
Fruit juice concentrates
Fruit juice for use as a beverage
Fruit juices
Fruit juices and fruit drinks
Fruit-based beverages
Fruit-flavoured beverages
Mixed fruit juice
Non-alcoholic drinks
Non-alcoholic fruit drinks
Non-alcoholic fruit juice beverages
Smoothies [non-alcoholic fruit beverages]
Sports drinks
Sports drinks containing electrolytes
Vegetable juice
Vegetable juices [beverages]
Cocktails (non-alcoholic)
Preparations for making cocktails
Sachets and pouches containing ingredients for adding to alcohol to make cocktails
Cocktail pre-mixers (non-alcoholic)
Non-alcoholic mixers, including those used to make alcoholic beverages, including fluids, pastes and solids.