The trademark Body Firewall was filed by Big Hug Brands Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 19, 2022, and received one opposition filed on August 21, 2022 by Sazerac Brands, LLC on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 21, 2022
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:
Nutritional supplements
Protein dietary supplements
Soy protein dietary supplements
Dietary supplements and dietetic preparations
Dietetic foods adapted for medical purposes
Mineral dietary supplements
Sanitary preparations and articles
Soy protein dietary supplements
Anti-oxidant food supplements
Protein powders
Casein protein powder
Fortifiers in the form of a dietary supplement
Vitamin preparations
Vitamin preparations in the nature of food supplements
Dietary supplements for individuals with specific dietary requirements
Nutritional supplement meal replacement bars for boosting energy
Weight gainers (dietary supplements)
Meal replacement powders
Syrups for pharmaceutical purposes
Candy (dietary supplements).
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear
Hats
Evening wear
Evening coats
American football bibs
Bowties
Dress pants
Suits
Work clothes
Arm warmers [clothing]
Warm-up pants
Leather belts [clothing]
Sleeveless jerseys
Trunks
Bath robes
Swim shorts
Swimming trunks
Bathwraps
Bandanas [neckerchiefs]
Bandeaux [clothing]
Baseball uniforms
Girls' clothing
Clothing for martial arts
Sportswear
Bodies [clothing]
Teddies [underclothing]
Boleros
Bomber jackets
Boxer shorts
Brassieres
Bustiers
Pea coats
Capes
Gowns
Women's outerclothing
Knickers
Down jackets
Down vests
Donkey jackets
Fleece vests
Leisure suits
Slacks
Casualwear
Waist belts
Gloves [clothing]
Gloves for cyclists
Handwarmers [clothing]
Men's underwear
Trousers
Trousers shorts
Denims [clothing]
Denim jeans
Denim jackets
Jogging sets [clothing]
Shell suits
Sweatpants
Jogging tops
Dresses made from skins
Knee highs
Short sets [clothing]
Neckties
Short-sleeved or long-sleeved t-shirts
Short-sleeved T-shirts
Short-sleeve shirts
Body warmers
Running Suits
Running vests
Casual trousers
Leggings [trousers]
Light-reflecting jackets
Outerclothing for girls
Coats
Nighties
Combinations [clothing]
Overshirts
Parkas
Crew neck sweaters
Mock turtleneck sweaters
V-neck sweaters
Slipovers
Slipovers [clothing]
Bloomers
Pajama bottoms
Pyjamas
Cyclists' clothing
Cycling shorts
Skirts
Scarves
Shawls and headscarves
Sweatbands
Sweat bands for the wrist
Tennis sweatbands
Anti-perspirant socks
Boy shorts [underwear]
Underpants
Sports bras
Sports clothing [other than golf gloves]
Casual shirts
Sports shirts with short sleeves
Sports pants
Sports jackets
Sports caps and hats
Gym suits
Sports socks
Sports jerseys
Sports jerseys and breeches for sports
Beach clothes
Beach robes
Stretch pants
Knit shirts
Cardigans
Thongs
Stockings
Sweat-absorbent stockings
Tank tops
Camouflage shirts
Camouflage pants
Camouflage jackets
Camouflage vests
Sweat shorts
Tracksuit tops
Bib shorts
Triathlon clothing
Knitwear [clothing]
Strapless bras
Uniforms
Ladies' underwear
Sweat-absorbent underwear
Undershirts
Nappy pants [clothing]
Waterproof capes
Waterproof outerclothing
Water socks
Waterproof trousers
Rainproof jackets
Oilskins [clothing]
Reversible jackets
Waistcoats
Thermally insulated clothing
Wind vests
Winter gloves
Winter coats
Woollen socks
Yoga shirts
Yoga pants
Gussets for leotards [parts of clothing]
Gussets for underwear [parts of clothing].
The mark was filed in class 29 with following description of goods:
Milk drinks containing fruits
Drinks made from dairy products
Beverages made from or containing milk
Beverages mainly containing milk
Milk beverages, milk predominating
Milk beverages, milk predominating
Powdered milk for food purposes
Milk shakes
Meat
Fish, not live
Seafood
Molluscs
Dairy products and dairy substitutes
Birds' eggs
Egg products
Oils
Fats
Processed fruits, fungi and vegetables (including nuts and pulses)
Prepared meals, snacks and desserts (including soups and broth), Namely birds' nests, Casseroles and soufflés, Condensed tomatoes, dips, Primarily of meat, fish, seafood or vegetables, Fish crackers, pollen prepared as foodstuff, pork snacks, Soya preparations, Prepared meals primarily of meat, fish, seafood or vegetables, snacks and side dished of potatoes, Soups, Stews, Meat stocks and broths, Yucca chips.
The mark was filed in class 30 with following description of goods:
Prepared meals and savoury snacks, in particular snacks based on corn, cereals, flour and sesame
Cookies and crackers (other than cheese crackers)
Dumplings
Pancakes
Pasta
Rice and cereal dishes
Sandwiches and pizzas, spring and seaweed rolls
Steamed buns
Tortilla foodstuffs
Edible salt
Seasonings
Spices
Flavouring for beverages
Pastry and confectionery
Chocolate and desserts
Sweet glazes and fillings and bee products for food
Ices
Ice cream
Frozen yoghurt
Sherbets [sorbets]
Processed cereals and starches for foodstuffs, and goods made therefrom
Bakery products and yeast
Sauces [condiments]
Dressings for food
Snacks, Primarily of cereals containing creatine
Bars based on wheat
Cereal based food bars
Cereal products in bar form
Bars of sweet jellied bean paste (Yohkan)
Spices in the form of powders
High-protein cereal bars
Topping syrup
Syrup for food
Bakery goods
Confectionery
Cakes
Egg cakes
Tarts
Muffins
Chocolate
Chocolate balls
Chocolate spread
Desserts
Natural sweeteners
Sweet glazes and fillings
Baking preparations
Chocolate mousses
Nut mousses
Pasta
Bread rolls
Crumpets
Tea cakes
Biscuits (other than cheese cracker biscuits)
Biscuits
Biscuits
Pastries
Cookies (other than cheese cookies)
Flour
Cereal preparations
Bread
Sandwiches
Bread dishes
Yeast
Baking powder
Chocolate powder
Powdered vanilla
Flavouring syrups
Rice
Tapioca
Sago
Crackers
Cereal foodstuffs
Pâtés en croûte
Farinaceous foods
Sandwiches
Pizzas
Spring rolls and seaweed rolls
Mustard
Honey
Golden syrup
Bee products for food
Edible ices
Vinegar
Sauces [condiments]
Fruit coulis [sauces]
Infusions, not medicinal
Gingerbread
Rice pudding
Noodle-based prepared meals
Noodles
Pasta
Pasta sauce
Pies
Pelmeni [dumplings stuffed with meat]
Pesto [sauce]
Petits fours [cakes]
Pancakes
Puddings
Quiches
Dressings for salad
Chocolate-based beverages
Tomato sauce
Waffles
Wraps
Panini
Sweetening substances
Chocolate cream
Candies [sweets]
All the aforesaid goods in class 30 being intended for sports nutrition.
The mark was filed in class 32 with following description of goods:
Beer and brewery products
Non-alcoholic beverages
Preparations for making beverages
Syrups for making non-alcoholic beverages
Syrups for making flavoured mineral waters
Syrups for making fruit-flavored drinks
Syrups for beverages
Pre-workout shakes (non-alcoholic beverages)
Training boosters (non-alcoholic beverages)
Protein drinks (non-alcoholic, protein-based beverages)