The trademark ii was filed by GEMELLii Drinks GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 11, 2017, and received one opposition filed on March 11, 2018 by Freshii One LLC on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 11, 2018
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 May 15, 2018.
Goods And Services
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Aromatic teas [other than for medicinal use]
Infusions, not medicinal
Herbal preparations for making beverages
Preparations for making beverages [tea based]
Tea essences
Tea substitutes
Tea mixtures
Fruit teas
Tea-based beverages
Salts, seasonings, flavourings and condiments
Flavourings of tea
Dried herbs
Flavourings, other than essential oils, for beverages
Substances imparting flavour for addition to drink [other than essential oils].
The mark was filed in class 32 with following description of goods:
Non-alcoholic drinks
Flavoured carbonated beverages
Juices
Waters
Preparations for making beverages
Non-alcoholic soda beverages flavoured with tea
Non-alcoholic beverages flavoured with tea
Concentrates for use in the preparation of soft drinks
Essences for making non-alcoholic beverages
Except essential oils
Soft drinks with herbal extracts
Herbal lemonade.
The mark was filed in class 33 with following description of goods:
Preparations for making alcoholic beverages
Alcoholic beverages (except beer)
Pre-mixed alcoholic beverages
Alcoholic tea-based beverage
Alcoholic extracts.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Commercial services and consumer information, namely retailing and wholesaling in relation to tea, coffee, soft drinks, non-alcoholic beverages, alcoholic beverages (except beers)
Online retailing in relation to tea, coffee, soft drinks, non-alcoholic beverages, alcoholic beverages (except beers)
Online mail order in relation to tea, coffee, soft drinks, non-alcoholic beverages, alcoholic beverages (except beers)
Business assistance, management and administrative services
Business analysis, research and information services.