EUTM file information

001702919

Smart

June 11, 2000

Trademark Summary

The trademark Smart was filed by REWE-Zentral AG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 17, 2001, and received one opposition filed on September 16, 2001 by Société des Produits Nestlé S.A. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 16, 2001

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 professional address of the trademark registration was recorded on April 15, 2002. Total Surrender of the trademark registration was recorded on April 9, 2007. Change of name and address of the trademark registration was recorded on July 15, 2007. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on May 4, 2008. Appointment and Replacement of representative of the trademark registration was recorded on February 16, 2010. Partial Surrender of the trademark registration was recorded on June 22, 2010.

The Opposition with reference B 000435547 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on January 27, 2004 by the EUIPO.

Goods And Services

  • The mark was filed in class 29 with following description of goods:
    1. Delicatessen salads made of vegetables or salad leaves
    2. Potato products of all types, namely chips, croquettes, fried potatoes, pre-cooked potatoes, potato fritters, potato dumplings, rösti (fried grated potato cakes), potato pancakes, crisps, potato sticks
    3. Semi-prepared and ready-to-serve meals, namely soups (including instant packet soups), stews
    4. Savoury pastries, corn crisps, salted and unsalted nuts and other snacks, included in class 29
    5. All the aforesaid goods (where possible) also deep frozen or preserved, sterilised or homogenised.
  • The mark was filed in class 30 with following description of goods:
    1. Sauces, including salad dressings, fruit sauces, ketchup, horseradish, capers
    2. Coffee, tea, chocolate
    3. Rice, tapioca, artificial coffee
    4. Flour and cereal products, kernel cereals, namely rice, wheat, oats, barley, rye, millet, maize and buckwheat, including the aforesaid goods being in the form of mixtures and other preparations, in particular wheat bran, wheat germ, maize meal, maize semolina, linseed, muesli and muesli bars (mainly of cereal flakes, dried fruit, nuts), cereals, popcorn
    5. Pizzas
    6. Puddings
    7. Bread, bread rolls
    8. Pasta and wholemeal pasta, in particular noodles
    9. Honey, treacle, yeast, baking-powder
    10. Salt
    11. Mustard
    12. Mayonnaise
    13. Spices, mixed spices, pepper corns
    14. Savoury biscuits, crisps made from cereals, and other snacks, included in class 30
    15. Dry and liquid ready-to-serve meals, mainly consisting of pasta or rice
    16. All the aforesaid goods (where possible) also frozen or preserved, sterilised or homogenised.
  • The mark was filed in class 31 with following description of goods:
    1. Fresh fruits and vegetables
    2. Seeds, animal foodstuffs
    3. Shellfish.
  • The mark was filed in class 32 with following description of goods:
    1. Mineral waters and other non-alcoholic beverages, syrups, extracts and essences for making non-alcoholic beverages, fruit juices
    2. Mineral and aerated waters and other non-alcoholic beverages
    3. Fruit drinks and fruit juices, vegetable juices
    4. Syrups and other preparations for making beverages
    5. Whey beverages
    6. Instant powdered drinks.
  • The mark was filed in class 33 with Alcoholic beverages (except beers), in particular wine, sparkling wine, spirits, liqueurs.