The trademark WOW was filed by WOW Hydrate Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on August 2, 2021, and received one opposition filed on October 28, 2021 by Neumarkter Lammsbräu Gebr. Ehrnsperger KG on Likelihood of confusion. the opponent was represented by RAU, SCHNECK & HÜBNER PATENTANWÄLTE RECHTSANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 28, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on May 22, 2022. Appointment and Replacement of representative of the trademark registration was recorded on July 7, 2022. Change of name and address of the trademark registration was recorded on August 1, 2023. Change of name and address of the trademark registration was recorded on August 14, 2023. Appointment and Replacement of representative of the trademark registration was recorded on August 4, 2024.
The Opposition with reference B 003157371 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 28, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietetic food and substances adapted for medical use
Dietary supplements for humans
Vitamin, mineral and protein preparations and substances
Vitamin drinks
Medicated isotonic drinks
Dietary supplemental food and drinks
Medicated food supplements
Mineral supplements to foodstuffs
Multivitamin preparations
Mixed vitamin preparations
Medicated powders
Medicated preparations in the form of powders
Vitamins
Vitamin supplements
Glucose powder, preparations and syrups for medical purposes
Agents for activating the metabolism
Dietary preparations
Vitamin enriched foods and foodstuffs
Protein foods for dietetic purposes
Nutritional shakes for use as a meal substitute
Dietary supplements and dietetic preparations
Vitamin and mineral supplements
Dietary and nutritional supplements
Powdered dietary supplement drink mix.
The mark was filed in class 32 with following description of goods:
Water
Mineral water
Aerated water
Non-alcoholic drinks
Fruit drinks and fruit juices
Syrups and other preparations for making beverages
Vitamin-enriched water and water based drinks
Protein enriched water and water based drinks
Beverages containing proteins
Beverages containing vitamins
Isotonic water
Isotonic drinks
Sports drinks
Sports drinks containing electrolytes
Sports drinks containing vitamins
Sports drinks containing proteins
Isotonic sports drinks
Whey beverages
Energy drinks
Protein and vitamin enriched water and water based drinks
Protein enriched sports beverages.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retail and wholesale services connected with the sale of dietetic food and substances adapted for medical use, dietary supplements for humans, vitamin, mineral and protein preparations and substances, nutriments, preparations for nutritional use, vitamin drinks, medicated isotonic drinks, dietary supplemental food and drinks, medicated food supplements, mineral supplements to foodstuffs, multivitamin preparations, mixed vitamin preparations, medicated powders
Retail and wholesale services connected with the sale of medicated preparations in the form of powders, vitamins, vitamin supplements, glucose powder, preparations and syrups for medical purposes, agents for activating the metabolism, dietary preparations, vitamin enriched foods and foodstuffs, protein foods for dietetic purposes, nutritional shakes for use as a meal substitute, dietary supplements and dietetic preparations, vitamin and mineral supplements
Retail and wholesale services connected with the sale of dietary and nutritional supplements, powdered dietary supplement drink mix, medicated isotonic drinks, farinaceous foods and cereals, farinaceous or cereal-based snack products, vitamin enriched and/or protein-enriched farinaceous or cereal-based snack products, powdered sugar for preparing isotonic beverages, water, mineral water, aerated water, non-alcoholic drinks
Retail and wholesale services connected with the sale of fruit drinks and fruit juices, syrups and other preparations for making beverages, vitamin-enriched water and water based drinks, protein enriched water and water based drinks, beverages containing proteins, beverages containing vitamins, isotonic water, isotonic drinks, sports drinks, sports drinks containing electrolytes, sports drinks containing vitamins, sports drinks containing proteins, isotonic sports drinks, whey beverages, energy drinks
Retail and wholesale services connected with the sale of protein and vitamin enriched water and water based drinks, protein enriched sports beverages
Online retail and wholesale services connected with the sale of dietetic food and substances adapted for medical use, dietary supplements for humans, vitamin, mineral and protein preparations and substances, nutriments, preparations for nutritional use, vitamin drinks, medicated isotonic drinks, dietary supplemental food and drinks, medicated food supplements, mineral supplements to foodstuffs, multivitamin preparations, mixed vitamin preparations, medicated powders
Online retail and wholesale services connected with the sale of medicated preparations in the form of powders, vitamins, vitamin supplements, glucose powder, preparations and syrups for medical purposes, agents for activating the metabolism, dietary preparations, vitamin enriched foods and foodstuffs, protein foods for dietetic purposes, nutritional shakes for use as a meal substitute, dietary supplements and dietetic preparations, vitamin and mineral supplements
Online retail and wholesale services connected with the sale of dietary and nutritional supplements, powdered dietary supplement drink mix, medicated isotonic drinks, farinaceous foods and cereals, farinaceous or cereal-based snack products, vitamin enriched and/or protein-enriched farinaceous or cereal-based snack products, powdered sugar for preparing isotonic beverages, water, mineral water, aerated water, non-alcoholic drinks
Online retail and wholesale services connected with the sale of, fruit drinks and fruit juices
Online retail and wholesale services connected with the sale of syrups and other preparations for making beverages, vitamin-enriched water and water based drinks, protein enriched water and water based drinks, beverages containing proteins, beverages containing vitamins, isotonic water, isotonic drinks, sports drinks, sports drinks containing electrolytes, sports drinks containing vitamins, sports drinks containing proteins, isotonic sports drinks, whey beverages, energy drinks
Online retail and wholesale services connected with the sale of protein and vitamin enriched water and water based drinks, protein enriched sports beverages
Subscription-based order fulfilment services in relation to subscription packages containing food and/or drink
Online retail store services in relation to subscription packages containing food and/or drink.
The mark was filed in class 41 with Organising and conducting prize draw competitions and providing information about exercise and fitness via a website or mobile application..
The mark was filed in class 44 with Providing information about nutrition.