The trademark COCOMELA was filed by ČOKOMED s.r.o., a corporation established under the laws of the Slovak Republic (the "Applicant"). The application was published for oppositions on October 13, 2020, and received one opposition filed on January 12, 2021 by FrieslandCampina Nederland B.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HGF BV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 12, 2021
The application was filed in Slovak, and Slovak was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Candied nuts
Flavoured nuts
Hazelnuts, prepared
Nut-based spreads
Albumen for culinary purposes
Edible fats
Cocoa butter for food
Buttercream
Jams
Cream [dairy products]
Milk
Jellies for food
Fat-containing mixtures for bread slices
Koumiss [milk beverage]
Milk-based beverages flavored with chocolate
Milk beverages with cocoa
Flavoured milk beverages
Drinks made from dairy products
Milk beverages, milk predominating
Whey
Milk products
Marmalade
Peanuts, prepared
Fruit preserved in alcohol
Prostokvasha [soured milk]
Soya milk
Milk shakes
Albumin milk
Condensed milk
Peanut milk for culinary purposes
Almond milk for culinary purposes
Rice milk
Evaporated milk
Coconut milk-based beverages
Almond milk-based beverages
Peanut milk-based beverages.
The mark was filed in class 30 with following description of goods:
Chocolate
Chocolate-based beverages with milk
Chocolate mousses
Chocolate decorations for cakes
Chocolate-coated nuts
Chocolate-based spreads
Chocolate spreads for use on bread
Chocolate spreads containing nuts
Nut flours
Almond paste
Coffee flavourings
Aromatic preparations for food
Seasonings
Biscuits
Malt biscuits
Chocolate biscuits
Confectionery
Waffles
Chocolate wafers
Buns
Cocoa
Cocoa-based beverages
Coffee
Unroasted coffee
Vegetal preparations for use as coffee substitutes
Cakes
Caramels [candy]
Cereal preparations
Chicory [coffee substitute]
Marzipan
Chocolate marzipan
Condiments
Corn flakes
Popcorn
Preparations for stiffening whipped cream
Ice cream
Pancakes
Natural sweeteners
Spices
Gingerbread
Fondants [confectionery]
Petits fours [cakes]
Flavourings, other than essential oils, for cakes
Cake batter
Binding agents for ice cream
Groats for human food
Cocoa beverages with milk
Coffee beverages with milk
Macaroons [pastry]
Honey
Pies
Noodles
Bread rolls
Puddings
Pralines
Tarts
Vanilla flavourings for culinary purposes
Powders for making ice cream
Almond confectionery
Peanut confectionery
Food flavourings, other than essential oils
Flavourings, other than essential oils, for beverages