EUTM file information

018643165

X-mas Jello Shot

January 23, 2022

Trademark Summary

The trademark X-mas Jello Shot was filed by Franz von Beckedorff, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 23, 2022, and received one opposition filed on June 19, 2022 by KRAFT FOODS GROUP BRANDS LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BIRD & BIRD (Netherlands) LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 19, 2022

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

The Appeal with reference B R2034/2023-5 was No decision on opposition according to Article 8(1)(b) EUTMR with decision issued on December 17, 2023 by the EUIPO. The Opposition with reference B 003173087 was refused according to Article 8(1)(b) EUTMR with decision issued on July 31, 2023 by the EUIPO.

Goods And Services

  • The mark was filed in class 29 with following description of goods:
    1. Jellies for food
    2. Jams
    3. Milk
    4. Milk products
    5. Dairy products and dairy substitutes
    6. Processed fruits and vegetables
    7. Milk products, Jams, compotes, fruit and vegetable spreads
    8. Fruit preserved in alcohol, Milk shakes.
  • The mark was filed in class 30 with Fruit sauces.
  • The mark was filed in class 32 with following description of goods:
    1. Mineral and aerated waters and other non-alcoholic beverages
    2. Fruit drinks
    3. Juices
    4. Syrups and other preparations for making beverages.
  • The mark was filed in class 33 with Alcoholic beverages (except beer).
  • The mark was filed in class 35 with Retail and wholesale services, Also provided via the Internet, in relation to the following goods: Jellies for food, Jams, Fruit sauces, Milks, Milk products, Dairy products and substitutes therefor, processed fruits and vegetables, Milk products, Jams, compotes, Fruit and vegetable spreads, Fruit preserved in alcohol, Milk shakes, Beers, Mineral waters and aerated waters and other non-alcoholic drinks and Retailing and wholesaling, also via internet, in relation to the following goods: fruit drinks, Fruit juices, Syrups or other preparations for making beverages, Alcoholic beverages other than beer..