The trademark CupSoul was filed by Andrii Valeriiovych Zdesenko, a national of Ukraine (the "Applicant"). The application was published for oppositions on August 24, 2023, and received one opposition filed on November 14, 2023 by THE CAPSOUL COMPANY S.L. on Likelihood of confusion. the opponent was represented by RMA LEGAL S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 14, 2023
The application was filed in Lithuanian, and Lithuanian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 11 with following description of goods:
Coffee roasters
Coffee machines, electric
Coffee capsules, empty, for electric coffee machines
Coffee machines incorporating water purifiers
Coffee percolators, electric.
The mark was filed in class 32 with following description of goods:
Non-alcoholic dried fruit beverages
Non-alcoholic honey-based beverages
Non-alcoholic fruit extracts
Non-alcoholic fruit juice beverages
Waters [beverages]
Aerated water
Isotonic beverages
Cocktails, non-alcoholic
Lemonades
Lithia water
Mineral water [beverages]
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages flavoured with tea
Energy drinks
Vegetable juices [beverages]
Sarsaparilla [non-alcoholic beverage]
Syrups for lemonade
Syrups for beverages
Smoothies
Soda water
Juices
Protein-enriched sports beverages
Table waters
Starch-based dry mixes for beverage preparation
Soft drinks
Fruit nectars, non-alcoholic
Sherbets [beverages]
Aperitifs, non-alcoholic
Non-alcoholic essences for making beverages
Non-alcoholic beverages.
The mark was filed in class 35 with following description of goods:
Advertising
Administration of consumer loyalty programs
Auctioneering services
Demonstration of goods
Commercial information and advice for consumers in the choice of products and services
Providing user rankings for commercial or advertising purposes
Consultancy regarding advertising communication strategies
Consultancy regarding public relations communication strategies
Marketing
Influencer marketing
Targeted marketing
Marketing research
Provision of an online marketplace for buyers and sellers of goods and services
Writing of publicity texts
Scriptwriting for advertising purposes
Word processing
Updating of advertising material
Search engine optimization for sales promotion
Organization of exhibitions for commercial or advertising purposes
Organization of trade fairs
Rental of advertising space
Layout services for advertising purposes
Online ordering services in the field of restaurant take-out and delivery
Public relations services
Presentation of goods on communication media, for retail purposes
Publication of publicity texts
Radio advertising
Pay per click advertising
Outdoor advertising
Advertising by mail order
Direct mail advertising
Online advertising on a computer network
Distribution of samples
Dissemination of advertising matter
Development of marketing concepts
Development of advertising concepts
Consumer profiling for commercial or marketing purposes
Sales promotion for others
Promotion of goods and services through sponsorship of sports events
Promotion of goods through influencers
Production of advertising films
Television advertising.
The mark was filed in class 40 with following description of goods:
Material treatment information
Stripping finishes
Pasteurizing of food and beverages
Fruit crushing.
The mark was filed in class 43 with following description of goods:
Food and drink catering
Information and advice in relation to the preparation of meals
Personal chef services
Take-away restaurant services
Food reviewing services [provision of information about food and drinks]