The trademark CANDY BOSS was filed by SRG International B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on November 22, 2023, and received one opposition filed on February 21, 2024 by HUGO BOSS Trade Mark Management GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DENNEMEYER & ASSOCIATES and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 21, 2024
The application was filed in Dutch, and Dutch 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:
Coffee, tea, cocoa and substitutes therefor
Tea, coffee and cocoa based beverages
Ice tea
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Tarts, cakes and biscuits
Sweetmeats [candy]
Marshmallows
Lollipops
Boiled sweets
Chocolate
Edible ices, sorbets and other edible ices
Cotton candy
Sugar, honey, treacle
Yeast, baking-powder
Salt, condiments, spices, preserved herbs
Vinegar, sauces (condiments), and other spices
Ice [frozen water]
Grain-based chips
Snack foods and meals based on the following products: Cocoa, Rice, Cereals and/or pasta.
The mark was filed in class 35 with following description of goods:
Advertising
Marketing
Promotion services
Business management, organisation and administration of commercial affairs
Office functions
Data processing, systematisation and management
Business organisation, business economic and business administration consultancy
Business management services relating to electronic commerce
Commercial intermediation services
Purchasing services
Wholesaling and retailing in relation to the following goods:: Coffee, tea, cocoa and substitutes therefor, Coffee, tea and cocoa-based beverages, Iced tea, rice, pasta and noodle products, Tapioca and sago, Flour and preparations made from cereals, Bread loaves, Pastry and confectionery, Cakes, Cakes and cookies, candies, Rashers of bacon, Lollipops, Drops, Chocolate, Edible ices, Sorbets and other edible ices, cotton candy, sugar, honey, treacle, yeast, baking-powder, Salt, condiments, spices, preserved herbs, Vinegar, Sauces (condiments) and other spices, Ice (frozen water), Cereal-based chips, Snacks and meals based on cocoa, rice, cereals and/or pasta, Other foodstuffs and beverages
Import and export services
Online ordering services
Provision of commercial information
Organisation of events for commercial and advertising purposes
Consultancy and information regarding the aforesaid services
Providing the aforesaid services, including via electronic networks, such as the Internet.