The trademark SPARROW was filed by "Asia Waters Company" Limited Liability Partnership, a corporation established under the laws of the Republic of Kazakhstan (the "Applicant"). The application was published for oppositions on February 17, 2020, and received one opposition filed on May 14, 2020 by S.A. Spa Monopole, Compagnie fermière de Spa, en abrégé S.A. Spa Monopole N.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CALYSTA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 14, 2020
The application was filed in Latvian, and Latvian was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R1064/2021-2 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on April 4, 2022 by the EUIPO. The Opposition with reference B 003121083 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 2, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 32 with following description of goods:
Aloe vera drinks, non-alcoholic
Aperitifs, non-alcoholic
Barley wine [beer]
Beer
Beer wort
Beer-based cocktails
Carbonated water
Preparations for making carbonated water
Cider, non-alcoholic
Cocktails, non-alcoholic
Energy drinks
Extracts of hops for making beer
Fruit juices
Fruit nectars, non-alcoholic
Ginger beer
Grape must, unfermented
Isotonic beverages
Kvass
Lemonades
Lithia water
Malt beer
Malt wort
Mineral water [beverages]
Must
Non-alcoholic beverages
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages flavoured with tea
Non-alcoholic dried fruit beverages
Non-alcoholic essences for making beverages
Non-alcoholic fruit extracts
Non-alcoholic fruit juice beverages
Non-alcoholic honey-based beverages
Non-alcoholic preparations for making beverages
Orgeat
Pastilles for effervescing beverages
Powders for effervescing beverages
Protein-enriched sports beverages
Rice-based beverages, other than milk substitutes
Sarsaparilla [non-alcoholic beverage]
Seltzer water
Shandy
Sherbets [beverages]
Smoothies
Soda water
Soft drinks
Soya-based beverages, other than milk substitutes
Syrups for beverages
Syrups for lemonade
Table waters
Tomato juice [beverage]
Vegetable juices [beverages]
Waters [beverages]
Whey beverages.
The mark was filed in class 33 with following description of goods:
Anise [liqueur]
Anisette [liqueur]
Aperitifs
Arrack [arak]
Alcoholic beverages containing fruit
Alcoholic beverages, except beer
Baijiu [Chinese distilled alcoholic beverage]
Bitters
Brandy
Cider
Cocktails
Curacao
Digesters [liqueurs and spirits]
Distilled beverages
Alcoholic essences
Alcoholic extracts
Fruit extracts, alcoholic
Gin
Grain-based distilled alcoholic beverages
Hydromel [mead]
Kirsch
Liqueurs
Peppermint liqueurs
Perry
Piquette
Pre-mixed alcoholic beverages, other than beer-based
Rice alcohol
Rum
Sake
Spirits [beverages]
Sugarcane-based alcoholic beverages
Vodka
Whisky
Wine.
The mark was filed in class 35 with following description of goods:
Administration of consumer loyalty programs
Administration of frequent flyer programs
Administrative assistance in responding to calls for tenders
Administrative processing of purchase orders
Administrative services for medical referrals
Administrative services for the relocation of businesses