The trademark S was filed by MSG Online GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on March 10, 2021, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on June 10, 2021 by Skechers U.S.A., Inc. II on Unfair advantage /detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and its proceedings were handled in English The second opposition filed on May 16, 2021 by SDE Sportnahrung GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BINDER GRÖSSWANG RECHTSANWÄLTE GMBH and its proceedings were handled in German
The application was filed in German, and German 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
Pharmaceutical products and preparations
Medical preparations and articles.
The mark was filed in class 21 with following description of goods:
Sports bottles sold empty
Drinking bottles for sports
Lunch boxes
Cocktail shakers.
The mark was filed in class 28 with Sporting articles and equipment.
The mark was filed in class 30 with following description of goods:
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Cereal bars and energy bars
Coffee, teas and cocoa and substitutes therefor
Sauces
Treacle.
The mark was filed in class 32 with Soft drinks and Non-alcoholic preparations for making beverages..
The mark was filed in class 35 with Retailing and wholesaling relating to the following goods: pharmaceutical and Medical articles, Dietetic substances, Nutritional supplements, Foodstuffs, Food, Non-alcoholic drinks, preparations for making beverages, Bags, Sporting goods, Sporting articles, Sports equipment, Sports bottles [empty], Drinking bottles for sports, Lunch boxes, shakers, games, Retail and wholesale, for others, in shops, via direct sales (by mail or delivery), by means of television programs and on websites, of cosmetics and toiletries, Printed matter.