The trademark HAPPIQ was filed by ASTRAFOOD a.s., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on September 12, 2021, and received one opposition filed on December 5, 2021 by Koninklijke Peijnenburg B.V. on Likelihood of confusion. the opponent was represented by NOVAGRAAF BELGIUM S.A./N.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 5, 2021
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on July 31, 2022.
Goods And Services
The mark was filed in class 29 with following description of goods:
Preserved, dried and cooked fruits, Crystallised fruits, Fruit leathers, Fruit pulp, Coconuts, dried, prepared walnuts, Jellies forfood, Jams and compotes, Fruit paste (confectionery)
Milk, cream, Butter, Cheese and Other food made primarily of milk, included in this class, Fermented milk substitutes, Milk beverages, milk predominating, Desserts (cheese, fruits included in this class), Yoghurt, Soya milk (milk substitute)
Preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes
Fruit and vegetable spreads, Ginger jam, Fruit marmalade, Vegetable and fruit purees, Milk substitutes, Frozen milk-based creams, Frozen ice creams, Snack foods made from fruits and vegetables
Nut mixes and Fruit mixtures, Roasted nuts, Preserved nuts, Salted nuts, Processed nuts, Shelled nuts, Blanched nuts, Pickled walnuts, Candied nuts, Flavoured nuts, Products based on processed fruits, processed nuts, kernels and seeds, Snack foods
Ready meals and partly-prepared meals of animal origin, Fresh, tinned, frozen, dried and preserved prepared foods of animal origin, Ready meals and partly-prepared meals of plant origin, Fresh, tinned, frozen, dried and preserved prepared foods of plant origin.
The mark was filed in class 30 with following description of goods:
Cocoa and cocoa-based beverages and preparations, Chocolate, chocolate goods, Chocolate pastes, Chocolate-based spreads, preparations and drinks, Confectionery, sweets, candies, Confectionery, Sugar, Chewing gum, bakery products, bread, pastry, Pastries, Biscuits, Cakes and Mini cakes, Biscuits, Gateaux, Flour confectionery, Petits fours [cakes], Wafers, Candy with caramel, Butterscotch chips, Confectionery, Ice cream, Water ices
Chocolate, pralines, candies, Lollipops, Biscuits with chocolate topping, logs and chocolate logs (pastry), Nougat and Nougat sticks, Caramel nougat and Nougat, chocolate truffies, Hot chocolate and Chocolate bars, Sweetmeats [candy], Caramels [candy], Chocolate-coated dried fruits, Fresh fruits with chocolate topping.
The mark was filed in class 32 with Soft drinks and Preparations or essences for making beverages, Concentrates and syrups for making beverages, Fruit, vegetable and herbal juices and nectars and syrups, Sherbets, Smoothies, Non-alcoholic beverages with fruit and vegetable flavourings, Non-alcoholic beverages fortified with vitamins or minerals and Ionised and energetic beverages (non-alcoholic), Non-alcoholic protein beverages, Dietetic beverages, Tablets and powders for use in the preparation of sparkling non-alcoholic beverages, Mineral waters and spring waters, Soda water, Waters, Fizzy non-alcoholic drinks, Non-alcoholic mixed drinks..