The trademark SUPERSU SUPERSMOOTH, SUPERFOOD, SUPERYOU. was filed by SUNNYSU Betriebs- und Handels GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 22, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on November 21, 2021 by INTERBIAK BIZKAIA S.A.M.P. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and its proceedings were handled in English The second opposition filed on November 17, 2021 by Plaček Pet Products s.r.o. on Likelihood of confusion. the opponent was represented by Labalestra, Klára and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on April 13, 2023. Change of name and professional address of the trademark registration was recorded on May 23, 2023. Change of name and professional address of the trademark registration was recorded on May 25, 2023. Change of name and professional address of the trademark registration was recorded on July 3, 2023.
The Opposition with reference B 003158492 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 4, 2024 by the EUIPO. The Opposition with reference B 003158785 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 18, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear.
The mark was filed in class 29 with following description of goods:
Fish, seafood and molluscs, not live
Meat and meat products
Dairy products and dairy substitutes
Birds eggs and egg products
Edible oils and fats
Processed fruits, fungi, vegetables, nuts and pulses
Coconut, processed
Coconut-based snacks
Dried fruit products
Vegetables, dried
Fruit, processed
Fruit, preserved
Fruit salads
Jellies, jams, compotes, fruit and vegetable spreads
Fruit and Vegetable Puree
Soups and stocks, meat extracts
Milk
Coconut milk
Soya-based beverages used as milk substitutes
Milk products
Dairy puddings
Milk shakes
Lactic acid drinks
Yoghurt
Yogurt drinks
Coconut goods being yoghurt substitutes.
The mark was filed in class 30 with following description of goods:
Sushi
Bread
Salts, seasonings, flavourings and condiments
Savory sauces, chutneys and pastes
Mustard
Vinegar
Coffee, teas and cocoa and substitutes therefor
Sugar
Natural sweeteners
Sweet glazes and fillings
Honey
Treacle
Ice, ice cream, frozen yoghurt
Frozen yogurt confections
Sherbets [sorbets]
Soft ices
Desserts
Tiramisu
Pastries, cakes, tarts and biscuits (cookies)
Pastries
Confectionery
Tarts
Tarts
Waffles
Pancakes
Brownies
Macarons
Eclairs
Meringues
Mille-feuilles
Cream puffs
Cupcakes
Chocolate
Chocolates
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Rice
Rice cakes
Pasta
Noodles
Pâtés en croûte
Pies containing meat
Pies containing fish
Pies containing vegetables
Candy.
The mark was filed in class 31 with following description of goods:
Agricultural and aquacultural crops, horticulture and forestry products
Fresh fruits and vegetables
Fresh nuts and herbs
Coconuts
Malts and unprocessed cereals.
The mark was filed in class 32 with following description of goods:
Beer and brewery products
Non-alcoholic beverages
Waters
Juices
Ginger beer
Smoothies
Fruit drinks
Vegetable drinks
Nut and soy based beverages
Non-alcoholic preparations for making beverages
Syrups for making beverages.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Wine
Spirits [beverages]
Preparations for making alcoholic beverages.
The mark was filed in class 43 with following description of goods:
Temporary accommodation
Provision of food and drink
Café services
Ice cream parlour services
Bistro services
Cafés
Ice cream parlours
Bar and restaurant services
Snack-bar services
Take-away food services
Rental of furniture, linens, table settings, and equipment for the provision of food and drink
Temporary accommodation information, advice and reservation services
Information, advice and reservation services for the provision of food and drink.