018699196

SMART GOOD -élixir

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May 5, 2022

Trademark Summary

The trademark SMART GOOD -élixir 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 May 29, 2022, and received one opposition filed on August 29, 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 August 29, 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 003177743 was refused according to Article 8(1)(b) EUTMR with decision issued on March 3, 2024 by the EUIPO.

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Goods And Services

• The mark was filed in class 30 with following description of goods:
  
  1. Coffee-based beverages
  2. Cocoa
  3. Chocolate
  4. Tea
  5. Food flavourings, other than essential oils.
• The mark was filed in class 32 with following description of goods:
  
  1. Soft drinks
  2. Soft drinks
  3. Energy drinks
  4. Isotonic beverages
  5. Sports drinks
  6. Mineral and aerated waters
  7. Non-alcoholic fruit juice beverages
  8. Syrups and other non-alcoholic preparations for making beverages
  9. Non-alcoholic fruit extracts.
• The mark was filed in class 43 with Food and drink catering and Providing drink services..