The trademark ZERO+ by NEOH was filed by Alpha Republic GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on October 12, 2023, and received one opposition filed on January 14, 2024 by Kraft Foods Belgium Intellectual Property (BVBA) on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HGF B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 14, 2024
It was designated 'Basic Application' for International Application null at the World Intellectual Property Organization (WIPO).
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 5 with following description of goods:
Foodstuffs and dietetic substances for medical or veterinary purposes
Dietary supplements and dietetic preparations
Dietetic tinned fruit and fruit jellies for medical purposes
Dietetic jams for medical use
Diet jams for medical purposes
Dietetic bakery goods for medical purposes
Food for diabetics
Dietetic sugar substitutes for medical use
Dietetic confectionery adapted for medical purposes
Dietetic sugar substitutes for medical purposes.
The mark was filed in class 29 with following description of goods:
Dairy products and dairy substitutes
Meat products and substitutes therefor
Prepared meals, Convenience foods and Savoury snacks
Fruit, nut and seed-based snacks
Jellies, jams, compotes, fruit and vegetable spreads
Creams based on fruit
Spreads based on nuts, fats, vegetables and/or fruits and made of dairy products.
The mark was filed in class 30 with following description of goods:
Chewing gum
Salts, seasonings, flavourings and condiments
Sauce [edible]
Savory sauces, chutneys and pastes
Sauces [condiments]
Sauces [condiments]
Mustard
Tomato ketchup
Convenience food and savory snacks
Sugar substitutes
Sugar substitutes for culinary purposes
Treacle
Foodstuffs made from sugar substitutes
Sweet glazes and fillings
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Sugar, natural sweeteners, sweet toppings and fillings for food
Cooling ice
Ice, ice creams, frozen yoghurts and sorbets
Chocolate
Chocolate-based spreads
Baked goods, confectionery, chocolate and desserts
Pastries, cakes, tarts and biscuits (cookies)
Pastries
Cereal bars and energy bars
Muesli
Sweets (candy), candy bars and chewing gum
Sugarless sweets
Sugar-free chewing gum
Natural sweeteners and sugar substitutes
Food flavourings, other than essential oils.
The mark was filed in class 32 with following description of goods: