The trademark ALPENJUWEL was filed by Berglandmilch eingetragene Genossenschaft, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on June 29, 2022, and received one opposition filed on September 28, 2022 by SalzburgMilch GmbH on Likelihood of confusion. the opponent was represented by Ciresa, Meinhard and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 28, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003179812 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 5, 2023 by the EUIPO. The Appeal with reference B R2463/2023-1 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on December 4, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Infant formula
Milk ferments for pharmaceutical purposes
Powdered milk for babies
Milk sugar for pharmaceutical purposes
Lacteal flour for babies
Infant formula.
The mark was filed in class 29 with following description of goods:
Butter
Buttercream
Curd
Peanut butter
Peanut milk
Peanut milk for culinary purposes
Peanut milk-based beverages
Coconut milk-based beverages
Almond milk-based beverages
Oat milk
Yoghurt
Cocoa butter
Cheese
Kephir [milk beverage]
Coconut butter
Coconut oil and fat [for food]
Coconut milk
Coconut milk for culinary purposes
Coconut oil for food
Condensed milk
Kumys [kumyss] [milk beverage]
Almond milk
Almond milk for culinary purposes
Margarine
Milk
Milk substitutes
Ferments (Milk -) for culinary purposes
Milk beverages, milk predominating
Milk products
Dried milk
Milk shakes
Whey
Curds
Rice milk
Rice milk for culinary purposes
Ryazhenka [fermented baked milk]
Cream [dairy products]
Whipped cream
Smetana [sour cream]
Soya milk [milk substitute]
Hummus [chickpea paste]
Fruit salads
Pressed fruit paste
Fruit-based snack food
Oat-based cereal beverages
Spelt-based cereal beverages
Spelt milk
Cereal or plant-based yoghurt substitutes
Cereal or plant-based milk substitutes.
The mark was filed in class 30 with following description of goods:
Custard
Mousses (Dessert -) [confectionery]
Dulce de leche
Ice cream
Fruit sauces
Frozen yoghurt [confectionery ices]
Coffee flavorings [flavourings]
Coffee-based beverages
Cocoa
Cocoa-based beverages
Coffee beverages with milk
Cocoa beverages with milk
Rice puddings
Chocolate beverages with milk
Oat-based food
Puddings
Whipped cream (Preparations for stiffening -)
Drinking chocolate
Mousses (Chocolate -)
Vanilla flavourings for culinary purposes
Crushed oats
Chips [cereal products]
Cereal preparations
Cereal-based snack food
Groats for human food
Oat flakes
Oatmeal
Muesli
High-protein cereal bars
Processed quinoa
Buckwheat, processed.
The mark was filed in class 32 with following description of goods:
Soft drinks
Non-alcoholic fruit juice beverages
Non-alcoholic beverages
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages flavoured with tea
Non-alcoholic honey-based beverages
Orgeat
Whey beverages
Protein-enriched sports beverages
Smoothies
Malt wort
Rice-based beverages, other than milk substitutes
Soya-based beverages, other than milk substitutes.