The trademark LILLY RUBY was filed by CAFES RECK, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 13, 2023, and received one opposition filed on November 19, 2023 by Barry Callebaut AG on Likelihood of confusion. the opponent was represented by MEISSNER BOLTE PATENTANWÄLTE RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 19, 2023
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 30 with following description of goods:
Tea
Tea mixtures
Tea for infusions
Tea leaves
Tea-based beverages
Ice beverages with a tea base
Tea extracts
Instant tea
Tea substitutes
Tea-based infusions
Preparations made from tea, for use in the following fields: Production of beverages
Herbal teas
Sugar
Coffee
Packaged coffee
Roasted coffee beans
Coffee-based beverages
Coffee extracts
Instant coffee
Coffee flavourings
Coffee beverages with milk
Frappé coffee
Iced coffee
Instant coffee
Ground coffee
Decaffeinated coffee
Unroasted coffee
Coffee essences
Artificial coffee
Preparations for making beverages [coffee based].
The mark was filed in class 32 with following description of goods:
Mineral and aerated waters
Juices, Vegetable juice
Non-alcoholic fruit juice beverages, Fruit and fruit juice based beverages
Vegetable juices (beverages) derived or not from organic farming
Fruit nectars, non-alcoholic
Soda water, lemonades
Syrups, Thickened syrups and Other preparations, in liquid form or otherwise, for use in the following fields: Preparation of beverages