The trademark Estrella FUSION was filed by Intersnack Group GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 2, 2023, and received one opposition filed on August 2, 2023 by Société des Produits Nestlé S.A. on Likelihood of confusion. the opponent was represented by HARTE-BAVENDAMM RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 2, 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:
Extruded and pelletised and otherwise manufactured or processed vegetable, pulses and potato products
Butter made of nuts, Nut spreads, Especially Peanut butter.
The mark was filed in class 30 with following description of goods:
Extruded and pelletised or otherwise manufactured or processed tapioca, manioc, rice, maize, wheat or other cereal goods, all the aforesaid goods being solely salty snacks, and ginger goods, being confectionery and fruit jellies
Savoury biscuits and pretzels
Chocolate and chocolate products
Sauces
None of the aforesaid goods including breakfast cereals.
The mark was filed in class 31 with Unprocessed nuts, cashew kernels, pistachios, almonds, peanuts and seeds and Algae for human consumption..