The trademark Milksha was filed by Milkshop International Co., Ltd., a corporation established under the laws of Taiwan, Republic of China (the "Applicant"). The application was published for oppositions on November 14, 2023, and received one opposition filed on February 14, 2024 by Kraft Foods Schweiz Holding GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HGF B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 14, 2024
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 30 with following description of goods:
Bubble tea
Tea
Tea-based beverages
Processed tea leaves
Coffee beans
Cocoa powder
Chocolate powder
Chocolate-based beverages
Edible ice
Confectionery ices
Ice cream
Edible ices
Sugar
Honey
Candy
Biscuits
Cereal-based snack food
Bread
Cakes
Puddings
Pudding powder mixes
Rice
Processed cereals
Cereal flour
Sago rice
Cookies
Oatmeal
Flour
Tapioca pearls
Sago
Tea bags
Coffee-based beverages
Cocoa-based beverages
Iced tea
Tea beverages with milk
Ginger tea
Sorbet
Ice cream bars
Confectionery made of sugar
Chocolate
Fondants
Toast
Waffles
Rice-based snack food
Frozen confectionery
Rice glue balls
Taro balls for use in tea-based beverages
Rice cakes
Radish cake
Pastries
Chinese stuffed dumplings
Flour-based dumplings
Instant noodles
Instant rice.
The mark was filed in class 32 with following description of goods:
The mark was filed in class 35 with following description of goods:
Import-export agencies
Business management consultation
Commercial or industrial management assistance
Organization of exhibitions and trade fairs for business purposes
Online ordering services and online retail store services in relation to bubble tea and other tea beverages, coffee beverages and non-alcoholic beverages
Television home shopping services in the field of bubble tea and other tea beverages, coffee beverages and non-alcoholic beverages
Operating an online shopping site in the field of bubble tea and other tea beverages, coffee beverages and non-alcoholic beverages
Retail store services in relation to bubble tea and other tea beverages, coffee beverages and non-alcoholic beverages
Retail store and wholesale store services in relation to tea
Retail and wholesale store services in relation to beverages
Retail and wholesale store services in relation to foodstuffs
Retail and wholesale store services in relation to indoor fixtures
Advertising
Presentation of goods on communication media, for retail purposes
Online advertising on a computer network
On-line ordering services in the field of restaurant take-out and delivery
Sales promotion for others
Retail and wholesale store services in relation to processed food
Retail and wholesale store services in relation to milk products
Retail and wholesale store services in relation to desserts
Retail and wholesale store services in relation to candy, cookies, confectionery
Retail and wholesale store services in relation to drinking water and non-alcoholic beverages
Retail and wholesale store services in relation to ice cream and ice cream confections.
The mark was filed in class 43 with following description of goods: