The trademark M was filed by Quality First GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 22, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on February 22, 2023 by Monster Energy Company on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PLESNER Advokatpartnerselskab and its proceedings were handled in English The second opposition filed on February 19, 2023 by DORPAN, S.L. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and its proceedings were handled in English The third opposition filed on February 16, 2023 by CERVEZAS MORITZ S.A. on Likelihood of confusion. the opponent was represented by 1919 POLO PATENT and its proceedings were handled in English
It was designated 'Basic Application' for International Application 1730613 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on November 28, 2022.
The Refusal with reference B 018739736 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on February 24, 2025 by the EUIPO. The Opposition with reference B 003190860 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 11, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Food for babies
Vitamins and vitamin preparations
Multi-vitamin preparations
Multi-vitamin preparations
Vitamin and mineral supplements
Vitamin and mineral preparations
Dietary supplements, including in the form of tablets, capsules, drops and other delivery forms, including in the form of beverages and/or preparations for making beverages, for medical purposes
Dietary supplements, including in the form of tablets, capsules, drops and other delivery forms, including in the form of beverages and/or preparations for making beverages, not for medical purposes, based on vitamins, minerals, calcium, magnesium, trace elements, plants and plant extracts, carbohydrates, fats, amino acids and/or amino acid derivatives, either singly or in combination
Dietetic beverages adapted for medical purposes
Medicinal drinks
Dietetic foods adapted for medical purposes
Enzymes for medical purposes
Enzyme preparations for medical purposes
Elixirs [pharmaceutical preparations]
Albuminous foodstuffs for medical purposes
Albuminous preparations for medical purposes
By-products of the processing of cereals for medical purposes
Guaiacol for pharmaceutical purposes
Hormones for medical purposes
Medicinal herbs
Medicinal infusions
Slimming tea for medical purposes
Medicinal herb infusions
Medicinal tea
Greases for medical purposes
Gelatine for medical purposes
Royal jelly for medical purposes
Bouillons for bacteriological cultures
Bacterial preparations for medical and veterinary use
Bacteriological preparations for medical and veterinary use
Medicinal drinks
Vitamin drinks
Powdered nutritional supplement drink mix
Nutritional drink mix for use as a meal replacement
Dietary supplements, including in the form of beverages and/or preparations for making beverages, not for medical purposes, based on proteins and fats, including with added fatty acids, vitamins, minerals, calcium, magnesium, trace elements, plants and plant extracts, amino acids and/or amino acid derivatives, either singly or in combination
Dietary supplements, including in the form of beverages and/or preparations for making beverages, not for medical purposes, based on carbohydrates, dietary fibre, including with added vitamins, minerals, calcium, magnesium, trace elements, plants and plant extracts, amino acids and/or amino acid derivatives, either singly or in combination
Syrups for pharmaceutical purposes
Nutritional supplements
Dietetic sweeteners for medical purposes
Dietary supplements and dietetic preparations
Mineral food preparations for medical purposes
Mineral nutritional supplements
Mineral dietary supplements
Soy protein dietary supplements
Food supplements for veterinary use
Herbal supplements
Food supplements in liquid form
Whey protein dietary supplements
Brewer's yeast dietary supplements
Lutein dietary supplements
Linseed dietary supplements
Linseed oil dietary supplements
Yeast dietary supplements
Casein dietary supplements
Dietary supplements for animals
Wheat germ dietary supplements
Protein dietary supplements
Glucose dietary supplements
Propolis dietary supplements
Dietary supplements for human beings
Lecithin dietary supplements
Albumin dietary supplements
Alginate dietary supplements
Pollen dietary supplements
Enzyme dietary supplements
Anti-oxidant food supplements
Food supplements consisting of amino acids
Food supplements consisting of trace elements
Dietary supplements consisting of vitamins
Food supplements for non-medical purposes
Soy isoflavone dietary supplements
Protein powder dietary supplements
Pine pollen dietary supplements
Food supplements for sportsmen
Folic acid dietary supplements
Calcium tablets as a food supplement
Dietary supplements in powder form
Health-aid foods supplements containing ginseng
Mineral dietary supplements for humans
Glucose dietary supplements
Royal jelly dietary supplements
Nutritional supplement meal replacement bars for boosting energy
Nutritional supplements for veterinary use
Dietary supplements with a cosmetic effect
Liquid nutritional supplements
Nutritional supplements consisting of fungal extracts
Dietary supplements consisting primarily of magnesium
Dietary supplements consisting primarily of calcium
Dietary food supplements used for modified fasting
Dietary supplements for humans not for medical purposes
Ground flaxseed fiber for use as a dietary supplement
Delivery agents in the form of coatings for tablets that facilitate the delivery of nutritional supplements
Glycerine for medical purposes
Food supplements
Food supplements
Dietary and nutritional supplements
Fitness and endurance supplements
Food for medically restricted diets
Herbal dietary supplements for persons special dietary requirements
Dietary supplement drink mixes
Dietary supplements for pets in the nature of a powdered drink mix
Pharmaceuticals
Almond milk for pharmaceutical purposes
Chemico-pharmaceutical preparations
Pharmaceutical preparations containing caffeine
Magnesium sulphate for pharmaceutical use
Linseed meal for pharmaceutical purposes
Magnesia for pharmaceutical purposes
Malt extracts for pharmaceutical use
Alginates for pharmaceutical purposes
Malt for pharmaceutical purposes
Linseed for pharmaceutical purposes
Yeast extracts for pharmaceutical purposes
Plant extracts for pharmaceutical purposes
Dextrins for pharmaceutical use
Turpentine for pharmaceutical purposes
Digestives for pharmaceutical purposes
Pharmaceutical preparations and substances
Health food supplements made principally of minerals
Cachets for pharmaceutical purposes
Capsules for medicines
Meal replacement powders
Candy, medicated
Protein supplement shakes
Protein synthesis inhibitors
Protein supplements for animals.
The mark was filed in class 16 with following description of goods:
Cardboard
Boxes of paper or cardboard
Millboard
Bags [envelopes, pouches] of paper or plastics, for packaging
Fiberboard boxes
Plastic materials for packaging
Wrapping paper
Printed matter
Flyers
Printed coupons
Advertising pamphlets
Advertising pamphlets
Signboards of paper or cardboard
Films for wrapping foodstuffs
Food wrappers
All aforementioned goods not as lifestyle magazines for hotels, tourism and the catering sector or advertising materials for hotels, tourism and the catering sector.
The mark was filed in class 20 with following description of goods:
Plastic lids for cans
Cylindrical cans, not of metal
Capsules [non-metallic containers]
Boxes of wood or plastic
Portable boxes [containers] of plastic
Boxes made of plastics materials for packaging
Packaging containers made of wood
Packaging containers of plastic
Plastics components for packaging containers
Boxes (packaging -) in collapsible form [plastic].
The mark was filed in class 21 with following description of goods:
Lunch boxes
Bread bins
Bread baskets for household purposes
Coffee cups
Coffee mugs
Coffee pots
Tea caddies
Tea cups
Table plates.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear
Hats
Evening wear
Evening coats
American football bibs
Arm warmers [clothing]
Warm-up pants
Sleeveless jerseys
Trunks
Bath robes
Swim shorts
Swimming trunks
Bandanas [neckerchiefs]
Baseball uniforms
Girls' clothing
Clothing for martial arts
Sportswear
Bodies [clothing]
Teddies [underclothing]
Boleros
Boxer shorts
Brassieres
Bustiers
Capes
Gowns
Women's outerclothing
Down jackets
Down vests
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]
Short-sleeved T-shirts
Body warmers
Running Suits
Running vests
Casual trousers
Leggings [trousers]
Outerclothing for girls
Coats
Nighties
Combinations [clothing]
Overshirts
Parkas
Crew neck sweaters
Mock turtleneck sweaters
V-neck sweaters
Slipovers
Bloomers
Pajama bottoms
Pyjamas
Cyclists' clothing
Cycling shorts
Skirts
Scarves
Sweatbands
Sweat bands for the wrist
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
Sports socks
Sports jerseys
Beach clothes
Beach robes
Stretch pants
Knit shirts
Cardigans
Stockings
Sweat-absorbent stockings
Tank tops
Camouflage shirts
Camouflage pants
Camouflage jackets
Camouflage vests
Sweat shorts
Tracksuit tops
Knitwear [clothing]
Strapless bras
Uniforms
Ladies' underwear
Sweat-absorbent underwear
Undershirts
Waterproof capes
Waterproof outerclothing
Water socks
Waterproof trousers
Rainproof jackets
Reversible jackets
Waistcoats
Thermally insulated clothing
Wind vests
Winter gloves
Winter coats
Woollen socks
Yoga shirts
Yoga pants.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Bar-bells
Dumb-bells
Kettle bells
Body training apparatus [exercise]
Weight lifting belts [sports articles]
Appliances for gymnastics
Weight lifting gloves
Appliances for gymnastics
Grips for sporting articles
Grips for rackets
Grip tapes for rackets
Sportballs
Rhythmic gymnastics ribbons
Finger stretching resistance bands
Exercise bands
Billiard table cushions.
The mark was filed in class 29 with following description of goods:
Powdered milk for food purposes
Milk shakes
Seaweed extracts for food
Milk drinks containing fruits
Cooking fats
Corn fats
Edible fats
Fruit, processed
Pre-workout shakes (milk products)
Post-workout shakes (milk products)
Flavoured milk
Flavoured milk beverages
Flavoured yoghurts
Aromatized fruit
Flavoured oils
Aromatized fruit
Flavoured milk powder for making drinks
Fruit spreads
Marmalade
Nut-based snack foods
Vegetable chips
Frozen fruits
Seasoned nuts
Soup powders
Quark
Milk substitutes
Non-dairy milk substitutes
Soya milk
Rice milk
Plant-based milk substitutes
Artificial cream (dairy product substitutes)
Hemp milk used as a milk substitute
Oat-based beverages [milk substitute]
Soya-based beverages used as milk substitutes
Dairy spreads
Dairy products and dairy substitutes
Drinks made from dairy products
Meat substitutes
Seitan [meat substitute]
Vegetable-based meat substitutes
Prepared meals consisting primarily of meat substitutes
Formed textured vegetable protein for use as a meat substitute
Vegetarian sausages
Vegetarian charcuterie
Vegetable burgers
Meat
Albumen for culinary purposes
White of eggs
Peas, preserved
Split peas
Peas, processed
Edible oils and fats
Soups and stocks, meat extracts
Legume-based spreads
Prepared meals consisting principally of vegetables
Fruit chips
Jellies, jams, compotes, fruit and vegetable spreads
Fruit salads
Fruit salads
Mixtures of fruit and nuts
Meat and meat products
Processed meat products
Fish, seafood and molluscs, not live
Sausage casings, natural or artificial
Tofu patties
Tofu
Charcuterie
Fish, not live
Fish-based foodstuffs
Fish balls
Fish extracts
Fish croquettes
Fish-based foodstuffs
Fish, seafood and molluscs spreads
Powdered egg whites
Birds eggs and egg products
Prepared insects and larvae
Snack foods based on legumes
Canned pulses
Preserved pulses
Processed Pulses
Legume salads
Dried pulses
Fruit-based meal replacement bars
Nut-based meal replacement bars
Soup pastes
Extracts for soups
Mixes for making soup
Milk products
Drinks made from dairy products
Milk
Alginates for culinary purposes
Vegetable extracts for food
Whale oil for food
Pumpkin seed oil for food
Hydrogenated oils for food
Rice bran oil for food
Pollen prepared as foodstuff
Vegetable oils for food
Vegetable fats for food
Hardened oils for food
Animal fats for food
Coconut fat
Prepared meals made from seafood substitutes
Prepared meals containing [principally] eggs
Prepared dishes consisting principally of meat
Prepared meals consisting substantially of seafood
Frozen prepared meals consisting principally of vegetables
Prepared meals made from meat [meat predominating]
Prepared meals made from poultry [poultry predominating]
Vegetables, processed
Poultry
Prepared beef
Desserts made from milk products
Vegetable-based snack food
Milk-based snacks
Tofu-based snacks
Soya milk
Soy chips
Soybean oil
Soya yoghurt
Soya patties
Soya [prepared]
Powdered soya milk
Processed soybeans
Soy-based food bars
Vegetables pickled in soy sauce
Soya beans, preserved, for food
Cooked dish consisting primarily of stir-fried beef and fermented soy sauce (Sogalbi)
Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae)
Cooked dish consisting primarily of rich soybean paste and tofu (cheonggukjang-jjigae)
Fermented bean curd
Cooked dish consisting primarily of fermented vegetable, pork and tofu (kimchi-jjigae)
Fruits, tinned
Cooked fruits
Fruit, preserved
Pickled fruits
Dried fruit
Fruits, tinned
Bottled fruits
Fruit preserves
Spreads consisting of hazelnut paste
Low fat dairy spreads
Smoked fish spread
Truffle-based spread products (truffle creams)
Vegetable-based chips
Dried kelps
Dried flakes of laver for sprinkling on rice in hot water (ochazuke-nori)
Rice milk
Ground nuts
Dietetic foods, not for medical purposes, based on on proteins and fats, including with added fatty acids, vitamins, minerals, calcium, magnesium, trace elements, plants and plant extracts, amino acids and/or amino acid derivatives, either singly or in combination, The aforesaid goods included in class 29.
The mark was filed in class 30 with following description of goods:
Essences for foodstuffs, except etheric essences and essential oils
Edible essences for foodstuffs [other than etheric substances and essential oils]
Turmeric
Starch for food
Tea-based beverages
Green tea
Natural sweeteners in the form of fruit concentrates
Tea essences
Flavourings, other than essential oils, for beverages
Seasoning mixes
Spiced salt
Spicy sauces
Spice preparations
Condiments
Iced tea
Iced tea mix powders
Dumplings
Pancake syrup
Kimchi pancakes
Pancakes
Edible salt
Seasonings
Spices
Flavourings, other than essential oils, for beverages
Salts, seasonings, flavourings and condiments
Bakery goods
Pastries
Chocolate candies
Ice cream
Frozen yoghurt [confectionery ices]
Soft ices
Sherbets [ices]
Sorbets [water ices]
Water ice
Mixtures for making water ices
Prepared foodstuffs in the form of sauces
Bars based on wheat
Cereal based food bars
Cereal products in bar form
Spices in the form of powders
High-protein cereal bars
Topping syrup
Syrup for food
Dairy confectionery
Wholemeal pasta
Cakes
Tarts
Muffins
Chocolate
Boiled sweets
Natural sweeteners
Sweet glazes and fillings
Cake mixes
Preparations made from cereals
Ready-made baking mixtures
Chocolate mousses
Mousse confections
Pasta
Biscuits
Tea cakes
Salted biscuits
Pastries containing fruit
Biscuits
Flour
Cereal preparations
Bread
Yeast
Baking powder
Chocolate powder
Custard powder
Custard
Chili powders
Flavouring syrups
Rice
Cereal bars
Ice milk bars
Cereal bars
Pâtés en croûte
Farinaceous foods
Sandwiches
Pizzas
Pizza dough
Frozen pizzas
Mustard
Honey
Golden syrup
Vinegar
Sauces [condiments]
Fruit coulis [sauces]
Infusions, not medicinal
Gingerbread
Rice pudding
Noodle-based prepared meals
Noodles
Vegetable pastes [sauces]
Pesto [sauce]
Puddings
Dressings for salad
Chocolate-based beverages
Tomato sauce
Waffles
Wraps [sandwich]
Natural sweeteners
Sugar substitutes
Chocolate creams
Sugarless sweets
Sweetmeats [candy]
Aromatic preparations for ice-creams
Aromatic preparations for cakes
Aromatic preparations for candies
Flavourings for foods
Table syrup
Muesli
Muesli bars
Muesli desserts
Porridge
Tortilla snacks
Rice crisps
Corn chips
Taco chips
Dressings for salad
Salad dressings containing cream
Salad cream
Vegan mayonnaise
Vegan cakes
Vegan ice cream
Vegan hot chocolate
Non-medicated confectionery for use as part of a calorie controlled diet
Chocolate-based meal replacement bars
Cereal-based meal replacement bars
Pasta for soups
Flavourings for soups [other than essential oils]
Candy
Non-medicated candy
Non-medicated flour confectionery
Glucose preparations for food
Alimentary seasonings
Yeast extracts for human consumption
Prepared meals containing [principally] pasta
Prepared meals in the form of pizzas
Prepared meals containing [principally] rice
Dry and liquid ready-to-serve meals, mainly consisting of rice
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Processed cereals
Gluten prepared as foodstuff
Processed cereals for food for human consumption
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Prepared desserts [confectionery]
Rice-based pudding dessert
Cereal bars and energy bars
Snack food products made from cereal starch
Cereal-based snack food
Snacks manufactured from muesli
Soya sauce
Soya flour
Soya sauce
Soya bean paste [condiment]
Soya flour for food
Soy-based ice cream substitute
Coffee, teas and cocoa and substitutes therefor
Vegetal preparations for use as coffee substitutes
Fruit vinegar
Pastries containing fruit
Breakfast cereals containing a mixture of fruit and fibre
Snack bars containing a mixture of grains, nuts and dried fruit [confectionery]
High-protein cereal bars
Deproteinised flour for use in the production of beer
Ice milk [ice cream]
Tortillas
Tea
Tea-based beverages
Tea extracts
Tea mixtures
Pasta sauce
Pasta dishes
Dried and fresh pastas, noodles and dumplings
Cereal-based snack food
Cereal powders
Chips [cereal products]
Cereal based energy bars
Grain-based chips
Foodstuffs made from cereals
Egg rolls
Kelp tea
Kimbap
Dietetic food, not for medical purposes, based on carbohydrates, including with added fibre, vitamins, minerals, calcium, magnesium, trace elements, plants and plant extracts, amino acids and/or amino acid derivatives, either individually or in combination, The aforesaid goods included in class 30.
The mark was filed in class 32 with following description of goods:
Non-alcoholic preparations for making beverages
Dilutable preparations for making beverages
Preparations for making non alcoholic drinks
Syrups for making non-alcoholic beverages
Syrups and other non-alcoholic preparations for making 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)
Energy drinks containing caffeine
Mineral water [beverages]
Lemonades
Non-alcoholic beverages
Fruit drinks
Juices
Non-alcoholic honey-based beverages
Non-alcoholic punch
Aperitifs, non-alcoholic
Cider, non-alcoholic
Essences for making beverages
Vegetable juices [beverages]
Flavoured waters
Energy drinks
Soya-based beverages, other than milk substitutes
Nut and soy based beverages
Fruit juice for use as beverages
Beverages consisting of a blend of fruit and vegetable juices
Protein drinks
Protein-enriched sports beverages
Dietetic, non-alcoholic beverages not for medical purposes based on fats, including with added fatty acids, vitamins, minerals, calcium, magnesium, trace elements, plants and plant extracts, amino acids and/or amino acid derivatives, either singly or in combination
Preparations for making non-alcoholic dietetic beverages, not for medical purposes, based on proteins and fats, including with added fatty acids, vitamins, minerals, calcium, magnesium, trace elements, plants and plant extracts, amino acids and/or amino acid derivatives, either singly or in combination
Non-alcoholic dietetic beverages, not for medical purposes, based on carbohydrates, including with added fibre, vitamins, minerals, calcium, magnesium, trace elements, plants and plant extracts, amino acids and/or amino acid derivatives, either singly or in combination
Preparations for making non-alcoholic dietetic beverages, not for medical purposes, based on carbohydrates, including with added fibre, vitamins, minerals, calcium, magnesium, trace elements, plants and plant extracts, amino acids and/or amino acid derivatives, either singly or in combination
Protein preparations in the form of beverages and/or preparations for making beverages, not for medical purposes, with added vitamins, minerals, calcium, magnesium, trace elements, plants and plant extracts, amino acids and/or amino acid derivatives, either singly or in combination.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Marketing
Business administration
Business administration
Updating and maintenance of data in computer databases
Updating of advertising material
Cost price analysis
Business inquiries
Banner advertising
Computerized file management
Compilation of statistics
Publication of publicity texts
Layout services for advertising purposes
Market analysis
Marketing research and analysis
Merchandising
Advertising by mail order
Market canvassing
Customer loyalty services for commercial, promotional and/or advertising purposes
Retail services in relation to foodstuffs
Providing consumer product information relating to food or drink products
Retail services in relation to dietary supplements
Wholesale services in relation to dietary supplements
Online retail services in relation to nutritional supplements
Retail services in relation to food packaging
Wholesale services in relation to food packaging
Online retail services in relation to: Food wrap
Retail services in relation to: containers for foodstuffs and drinks
Wholesale services in relation to: containers for foodstuffs and drinks
Online retail services in relation to: containers for foodstuffs and drinks
Retail services in relation to clothing
Wholesale services in relation to clothing
Online retail store services relating to clothing
Retail services in relation to footwear
Wholesale services in relation to footwear
Online retail services in relation to footwear
Retail services in relation to headgear
Wholesale services in relation to headgear
Online retail services in relation to headgear
Retail services relating to sporting goods
Wholesale services relating to sporting goods
Online retail store services featuring sporting goods
Retail services in relation to sporting equipment
Wholesale services in relation to sporting equipment
Online retail store services featuring sporting equipment
Retail services relating to food
Wholesaling in relation to foodstuffs
Retail services in relation to non-alcoholic beverages
Wholesale services in relation to non-alcoholic beverages
Retail services relating to alcoholic beverages
Wholesale services in relation to alcoholic beverages (except beer)
Mail order retail services related to non-alcoholic beverages
Mail order retail services related to alcoholic beverages (except beer)
Mail order retail services related to foodstuffs
Mail-order retailing of dietary supplements
Mail order services of the following goods: Food wrap
Mail order services of the following goods: containers for foodstuffs and drinks
Mail order in relation to headgear
Mail order services related to sporting equipment
Wholesale services in relation to dietetic preparations
Retail services in relation to dietetic preparations
Provision of space on web-sites for advertising goods and services
Provision of space on web-sites for advertising goods and services
Provision of an online marketplace for buyers and sellers of goods and services
Influencer marketing
Promotion of goods through influencers
Wholesale services in relation to dairy products
Wholesale services in relation to preparations for making beverages
Wholesale services in relation to preparations for making alcoholic beverages
Retail services in relation to preparations for making alcoholic beverages
Retail services in relation to dairy products.
The mark was filed in class 40 with Custom manufacturing of dietary supplements for humans.
The mark was filed in class 41 with Provision of educational services relating to diet.
The mark was filed in class 44 with following description of goods:
Nutrition consultancy
Diet planning and supervision
Providing information relating to dietary and nutritional supplements
Dietetic counselling services [medical]
Weight reduction diet planning services
Nutrition and dietetic consultancy
Dietician service
Providing information relating to dietary and nutritional guidance