The trademark HYDROBEAST was filed by IROOTFOR AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on February 8, 2021, and received one opposition filed on April 28, 2021 by Monster Energy Company on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 28, 2021
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Dietary and nutritional supplements
Food supplements
Protein dietary supplements
Dietary supplements for humans
Powdered nutritional supplement drink mix
Dietary supplements consisting of vitamins
Nutritional supplement meal replacement bars for boosting energy
Dietary supplements in the form of protein, energy and dietetic bars
Vitamin preparations
Vitamins and vitamin preparations
Mineral dietary supplements for humans
Health food supplements made principally of minerals
Protein powder dietary supplements
Dietary supplemental drinks
Dietary fiber to aid digestion
Mineral nutritional supplements
Anti-oxidant food supplements
Medical and veterinary preparations and articles
Rehydration preparations.
The mark was filed in class 32 with following description of goods:
Beer and brewery products
Non-alcoholic beverages
Protein-enriched sports beverages
Energy drinks
Energy drinks containing caffeine
Sports drinks
Juices
Aerated juices
Fruit juice beverages
Flavoured carbonated beverages
Powders and other preparations for making non-alcoholic beverages
Powders and other preparations for making energy drinks