The trademark theVelvetSoda was filed by Jose Rafael Muller Morales, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 19, 2023, and received one opposition filed on December 19, 2023 by Jacobs Douwe Egberts DE GmbH on Likelihood of confusion. the opponent was represented by BRANDSTOCK LEGAL RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 19, 2023
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 30 with following description of goods:
Beverages (Tea-based -)
Tea-based beverages
Carbonated and non-carbonated tea based beverages
Flavoring syrup
Flavouring syrups
Syrup for food
Iced teas
Iced tea (Non-medicated -)
Iced coffee
Chocolate based drinks
Coffee based drinks
Drinks prepared from chocolate
Tea
Tea substitutes
Theine-free tea
Tea beverages
Barley-leaf tea
Tieguanyin tea
Chamomile tea
Tea (Non-medicated -)
Peppermint tea
Artificial tea
Darjeeling tea
Oolong tea [Chinese tea]
Black tea [English tea]
Buckwheat tea
Tea for infusions
Flavourings of tea
Rosemary tea
Instant tea
Coffee concentrates
Vegetable concentrates used for seasoning
Sweeteners consisting of fruit concentrates
Substances imparting savour for addition to drink [other than essential oils]
Sugarless sweets
Sweets
Table syrup
Golden syrup
Maple syrup
Agave syrup [natural sweetener]
Agave syrup for use as a natural sweetener
Fruit sugar
Sugar, honey, treacle
Granulated sugar
Grape sugar
Sugar
Sugars
Sugar substitutes
Spice extracts
Coffee extracts
Chocolate extracts
Flavoured coffee
Seafood flavored condiments
Ice creams, frozen yogurts, and sorbets
Fruit infusions
Non-medicinal infusions
Non-medicated infusions
Herbal infusions
Non-medicinal herbal infusions
Aromatic preparations for making non-medicated infusions
Ginger [spice]
Ground ginger
Preserved ginger as a condiment
Ginger puree [condiment].
The mark was filed in class 32 with following description of goods:
Non-alcoholic carbonated beverages
Carbonated non-alcoholic drinks
Beverages (Non-alcoholic -)
Fruit-flavoured beverages
Non-alcoholic beverages
Cordials
Cordials [non-alcoholic]
Non-alcoholic cordials
Non-alcoholic bitters
Lime juice cordial
Carbonated soft drinks
Fruit-based soft drinks flavored with tea
Bitter lemon
Cordials (non-alcoholic beverages)
Blackcurrant cordial
Fruit flavoured carbonated drinks
Carbonated water
Carbonated waters
Non-alcoholic flavored carbonated beverages
Flavoured carbonated beverages
Frozen carbonated beverages
Carbonated mineral water
Non-carbonated soft drinks
Fruit-flavored beverages
Non-alcoholic malt beverages
Syrups for lemonade
Syrups for beverages
Soda water
Tonic water
Tonic water [non-medicated beverages]
Guava juice
Soda pops
Ramune (Japanese soda pops)
Cola drinks
Cola
Non-alcoholic vegetable juice drinks
Colas [soft drinks]
Pineapple juice beverages
Fruit flavored drinks
Fruit flavoured drinks
Vegetable drinks
Non-alcoholic sparkling fruit juice drinks
Orange juice drinks
Non-alcoholic soda beverages flavoured with tea
Cocktails, non-alcoholic
Non-alcoholic cocktails
Beer-based cocktails
Non-alcoholic beer-based cocktails
Non-alcoholic fruit cocktails
Non-alcoholic cocktail mixes
Non-alcoholic drinks
De-alcoholised drinks
De-alcoholized drinks
Carbohydrate drinks
Concentrates for use in the preparation of energy drinks
Concentrates for use in the preparation of soft drinks
Concentrates used in the preparation of soft drinks
Concentrates for making fruit drinks
Concentrates for making soft drinks
Concentrates for making fruit juices
Concentrates for use in the preparation of sports drinks