The trademark SMART GOOD -exo TEA was filed by SMART GOOD THINGS HOLDING, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 16, 2022, and received one opposition filed on September 18, 2022 by Energy Brands Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOYNG ROKH MONEGIER ESPAÑA, S.L.U. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 18, 2022
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003178993 was refused according to Article 8(1)(b) EUTMR with decision issued on March 3, 2024 by the EUIPO.