The trademark 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 October 6, 2021, and received one opposition filed on December 22, 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 proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 22, 2021
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 3 with Toiletries and Body cleaning and beauty care preparations..
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Vitamin and mineral preparations
Pharmaceutical preparations
Pharmaceuticals
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 25 with following description of goods:
Clothing
Headgear
Footwear
Parts of clothing, footwear and headgear.
The mark was filed in class 28 with Sporting articles and equipment.
The mark was filed in class 29 with following description of goods:
Meat and meat products
Prepared beef
Jerky made from beef
Meat-based snack foods
Snack foods based on vegetables
Snack foods based on nuts
Snack mixes consisting of dehydrated fruit and processed nuts
Dried fruit-based snacks
Dairy products and dairy substitutes
Edible oils and fats
Soups and stocks, meat extracts
Processed fruits, fungi, vegetables, nuts and pulses
White of eggs.
The mark was filed in class 30 with following description of goods:
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Cereals
Dried and fresh pastas, noodles and dumplings
Ready-made baking mixtures
Bread
Biscuits
Cereal bars and energy bars
Candy bars
Coffee, teas and cocoa and substitutes therefor
Sauces
Treacle.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Protein drinks
Sports drinks
Protein-enriched sports beverages
Isotonic beverages
Non-alcoholic preparations for making beverages.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services in relation to: Pharmaceutical articles and Medical articles, Dietetic substances, Nutritional supplements, Vitamin or mineral preparations
Retail and wholesale services in relation to: Foodstuffs, Food, Foodstuffs for sports
Retail and wholesale services in relation to: Non-alcoholic drinks, Protein drinks, sports drinks, protein-enriched sports beverages, isotonic beverages, Preparation for making beverages
Retailing and wholesaling in relation to clothing, footwear and headgear
Retail and wholesale services in relation to: Sporting goods, Sporting articles, Sports equipment, Bags
Retail and wholesale services in relation to: Sports bottles [empty], Drinking bottles for sports, Lunch boxes, shakers
Retail and wholesale services relating to games
Retailing and wholesaling relating to toiletries, cosmetics
Retailing and wholesaling in relation to printed matter
Advertising, marketing and promotional services
Arranging commercial transactions, for others, via online shops.