The trademark Aromagic was filed by Melitta Europa GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 11, 2002, and received one opposition filed on October 31, 2002 by Ole Bødtcher-Hansen A/S on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 31, 2002
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 000553539 was refused according to Article 8(1)(b) CTMR with decision issued on July 1, 2004 by the EUIPO.
Goods And Services
The mark was filed in class 11 with following description of goods:
Electric coffee, tea and espresso machines
Coffee and tea filters (percolators)
Hotplates
Electric kettles.
The mark was filed in class 16 with Paper, filter paper, absorbent paper and goods made therefrom, namely bags, pouches, infusion bags, discs and rolls for filtering liquids.
The mark was filed in class 21 with following description of goods:
Household or kitchen containers (not of precious metal or coated therewith)
Small household and kitchen utensils, namely filter units and holders for open and sealed filter paper inserts for filtering liquids, household and kitchen goods of glass, porcelain, earthenware, plastic and metal (included in class 21), in particular coffee pots and tea pots, coffee services and tea services, drinking vessels
Vacuum jugs and containers
Trays, glass jugs
Tea-warmers, non-electric tea and coffee machines and grinders.