The trademark Black Hammer USA was filed by Black Hammer GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 4, 2023, and received one opposition filed on October 4, 2023 by TSI Consumer Goods GmbH on Likelihood of confusion. the opponent was represented by MEISSNER BOLTE PATENTANWÄLTE RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 4, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on September 21, 2023.
The Opposition with reference B 003204423 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 14, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 1 with Chemical and organic compositions for use in the manufacture of food and beverages.
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Dietary supplements and dietetic preparations
Dietary supplements in powder form
Food supplements for sportsmen
Protein powder dietary supplements
Protein dietary supplements
Dietary supplemental drinks.
The mark was filed in class 32 with following description of goods:
Non-alcoholic preparations for making beverages
Non-alcoholic beverages
Energy drinks
Energy drinks [not for medical purposes]
Sports drinks containing electrolytes
Sports drinks
Protein-enriched sports beverages
Protein drinks
Isotonic beverages [not for medical purposes]
Isotonic beverages
Non-alcoholic essences for making beverages
Preparations for making non-alcoholic beverages
Powders for the preparation of beverages.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Retail services in relation to dietary supplements
Retail services via global computer networks related to non-alcoholic beverages
Wholesale services in relation to dietary supplements
Wholesale services in relation to non-alcoholic beverages
Wholesale services in relation to preparations for making beverages
Mail order retail services related to non-alcoholic beverages
Retail services in relation to albumen
Mail order retail services in relation to albumen
Online retail services in relation to albumen
Wholesale services in relation to albumen
Retail services in relation to chemical and organic compositions for use in the manufacture of food and beverages
Mail order retail services in relation to chemical and organic compositions for use in the manufacture of food and beverages
Online retail services in relation to chemical and organic compositions for use in the manufacture of food and beverages
Wholesale services in relation to chemical and organic compositions for use in the manufacture of food and beverages
Retail services in relation to protein [raw material]
Mail order retail services in relation to protein [raw material]
Online retail services in relation to protein [raw material]
Wholesale services in relation to protein [raw material]
Retail services in relation to probiotic bacteria for the food industry
Retail services in relation to protein for use in the manufacture of foodstuffs
Mail order retail services in relation to protein for use in the manufacture of foodstuffs
Online retail services in relation to protein for use in the manufacture of foodstuffs
Wholesale services in relation to protein for use in the manufacture of foodstuffs
Retail services in relation to proteins for use in the manufacture of beverages
Mail order retail services in relation to proteins for use in the manufacture of beverages
Online retail services in relation to proteins for use in the manufacture of beverages
Wholesale services in relation to proteins for use in the manufacture of beverages
Wholesale services in relation to wheat proteins for industrial use
Online retail services in relation to wheat proteins for industrial use
Mail order retail services in relation to wheat proteins for industrial use
Retail services in relation to wheat proteins for industrial use
Retail services in relation to fitness and endurance supplements
Mail order retail services in relation to fitness and endurance supplements
Online retail services in relation to fitness and endurance supplements
Wholesale services in relation to fitness and endurance supplements
Retail services in relation to food supplements
Mail order retail services in relation to food supplements
Online retail services in relation to food supplements
Wholesale services in relation to food supplements
Retail services in relation to protein supplement shakes
Mail order retail services in relation to protein supplement shakes
Online retail services in relation to protein supplement shakes
Wholesale services in relation to protein supplement shakes
Retail services in relation to food supplements in liquid form
Mail order retail services in relation to food supplements in liquid form
Online retail services in relation to food supplements in liquid form
Wholesale services in relation to food supplements in liquid form
Retail services in relation to nutritional supplement meal replacement bars for boosting energy
Mail order retail services in relation to nutritional supplement meal replacement bars for boosting energy
Online retail services in relation to nutritional supplement meal replacement bars for boosting energy
Wholesale services in relation to nutritional supplement meal replacement bars for boosting energy
Retail services in relation to dietary supplemental drinks
Mail order retail services in relation to dietary supplemental drinks
Online retail services in relation to dietary supplemental drinks
Wholesale services in relation to dietary supplemental drinks
Mail order retail services in relation to nutritional supplements
Online retail services in relation to nutritional supplements
Retail services in relation to protein dietary supplements
Mail order retail services in relation to protein dietary supplements
Online retail services in relation to protein dietary supplements
Wholesale services in relation to protein dietary supplements
Wholesale services in relation to protein powder dietary supplements
Online retail services in relation to protein powder dietary supplements
Mail order retail services in relation to protein powder dietary supplements
Retail services in relation to protein powder dietary supplements
Wholesale services in relation to food supplements for sportsmen
Mail order retail services in relation to dietary supplements in powder form
Retail services in relation to dietary supplements in powder form
Online retail services in relation to food supplements for sportsmen
Mail order retail services in relation to food supplements for sportsmen
Retail services in relation to food supplements for sportsmen
Wholesale services in relation to dietary supplements in powder form
Online retail services in relation to dietary supplements in powder form
Retail services in relation to energy drinks [not for medical purposes]
Mail order retail services in relation to energy drinks [not for medical purposes]
Online retail services in relation to energy drinks [not for medical purposes]
Wholesale services in relation to energy drinks [not for medical purposes]
Retail services in relation to energy drinks
Mail order retail services in relation to energy drinks
Online retail services in relation to energy drinks
Wholesale services in relation to energy drinks
Retail services in relation to isotonic beverages
Mail order retail services in relation to isotonic beverages
Online retail services in relation to isotonic beverages
Wholesale services in relation to isotonic beverages
Retail services in relation to nutritionally fortified beverages
Mail order retail services in relation to nutritionally fortified beverages
Online retail services in relation to nutritionally fortified beverages
Wholesale services in relation to nutritionally fortified beverages
Retail services in relation to non-alcoholic malt free beverages [other than for medical use]
Mail order retail services in relation to non-alcoholic malt free beverages [other than for medical use]
Online retail services in relation to non-alcoholic malt free beverages [other than for medical use]
Wholesale services in relation to non-alcoholic malt free beverages [other than for medical use]
Retail services in relation to protein-enriched sports beverages
Mail order retail services in relation to protein-enriched sports beverages
Online retail services in relation to protein-enriched sports beverages
Wholesale services in relation to protein-enriched sports beverages
Retail services in relation to protein drinks
Mail order retail services in relation to protein drinks
Online retail services in relation to protein drinks
Wholesale services in relation to protein drinks
Retail services in relation to sports drinks
Mail order retail services in relation to sports drinks
Online retail services in relation to sports drinks