The trademark MonkeyBean was filed by Nativex GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on January 28, 2021, and received one opposition filed on April 28, 2021 by William Grant & Sons Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by TAYLOR WESSING N.V. 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 German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on June 29, 2022.
The Opposition with reference B 003145555 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 1, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with Flavour improvers for coffee.
The mark was filed in class 8 with Coffee spoons.
The mark was filed in class 9 with Coffee measures.
The mark was filed in class 21 with following description of goods:
Coffee stirrers
Coffee pots
Coffee mugs
Coffee grinders
Coffee scoops
Coffee services [tableware]
Coffee grinders, hand-operated
Vacuum coffee makers
Non-electric coffee drippers for brewing coffee
Coffee services of ceramic
Coffee services of china
Coffee services of precious metal
Coffee pots not of precious metal
Coffee services, not of precious metal.
The mark was filed in class 30 with following description of goods:
Coffee
Coffee oils
Coffee pods
Coffee bags
Artificial coffee
Coffee flavourings
Coffee in whole-bean form
Coffee-based beverages
Coffee extracts
Mixtures of coffee
Coffee concentrates
Roasted coffee beans
Ground coffee beans
Prepared coffee and coffee-based beverages
Chocolate coffee
Ground coffee
Freeze-dried coffee
Flavoured coffee
Coffee essences
Instant coffee
Decaffeinated coffee
Coffee capsules, filled
Coffee-based beverage containing milk
Mixtures of coffee essences and coffee extracts
Ice beverages with a coffee base
Coffee based fillings
Coffee substitutes [artificial coffee or vegetable preparations for use as coffee]