The trademark was filed by BRU AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on September 24, 2023, and received one opposition filed on December 14, 2023 by Bieze Food Solutions B.V. on Likelihood of confusion. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 14, 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 003208582 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 28, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 11 with Tea making machines.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Cups
Thermo-insulated containers for beverages
Tea strainers, Tea caddies
Tea infusers
Kettles, non-electric
Vessels of metal for making ices and iced drinks
Glassware, porcelain and earthenware.
The mark was filed in class 30 with following description of goods:
Tea and tea-based products
Tea-based beverages
Non-medicated tea products
Sodas, Non-aerated beverages, based on the following products: Tea
Iced tea
Infusions, not medicinal, Non-medical fruit teas, Non-medicated infusions
Vitamin tea, Vitamin tea preparations
Aromatic teas, Flavoured tea preparations
Mineral teas and tea preparations
Tea extracts
Tea-based beverages, fruit and herb teas
Preparations consisting of tea extracts or extracts from tea-like preparations in powdered form or granules
Tea bags
Capsules or pads filled with tea or tea preparations for electric tea urns
Tea preparations containing spices or milk
Beverage powders and prepared drinks (included in class 30), Especially, based on the following products: Tea, Tea extracts, Coffee, Coffee extracts, Artificial coffee, Coffee substitute extracts, Cocoa, Malt, Sugar, Sugar substitutes, Chicory
White tea
Black tea
Green tea
Rooibos tea
Packed tea
Tea with reduced theine content
Cocoa
Low calorie cocoa-based beverages and chocolate-based beverages
Tea substitutes
Coffee
Artificial coffee
Coffee-based beverages
Coffee-based beverages with reduced caffeine content
Coffee-based beverages with milk
Coffee powder
Prepared coffee beverages
Flavoured coffee
Instant coffee
Capsules or pads filled with coffee for electric coffee machines
Mixtures of coffee and chicory with reduced caffeine content
Coffee substances and coffee extracts with reduced caffeine content
Chicory and chicory mixtures being coffee substitutes with reduced caffeine content
Herbal infusion beverages
Non-alcoholic infusion beverages, Not for medical purposes
Tea infusion beverages, Not for medical purposes
Coffee infusion beverages, Not for medical purposes
Herbal infusion beverages, Not for medical purposes.