018022875

MATE MATE

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February 13, 2019

Trademark Summary

The trademark application MATE MATE was filed by Thomas Henry GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 27, 2019, and it was registered by office on July 4, 2019 without any oppositions.

It was designated 'Basic Application' for International Application 1508748 at the World Intellectual Property Organization (WIPO).

The application was filed in German (English was selected as the second language).

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2019.The first Cancellation was filed by Shanghai Chengzhi Enterprise Service Center (represented by CASALONGA ALICANTE, S.L.) on November 28, 2022 and Appeal pending.

A transfer of the trademark registration was recorded on January 19, 2021. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on September 14, 2021.

The Appeal with reference B R2364/2022-4 was Trade mark declared invalid according to Article 7(1)(c) EUTMR with decision issued on June 20, 2023 by the EUIPO. The Cancellation with reference B 000051294 was Cancellation totally upheld and EUTM/IR declared partially invalid according to Article 7(1)(b) CTMR with decision issued on September 29, 2022 by the EUIPO. The null with reference B T-505/23 was Decision confirmed according to Article 7(1)(c) EUTMR with decision issued on February 25, 2024 by the EUIPO. The null with reference B C-295/24 was Not allowed to proceed according to null with decision issued on July 3, 2024 by the EUIPO.

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Goods And Services

• The mark was filed in class 25 with Clothing, footwear, headgear, In particular shirts, Trousers, Hats, Caps [headwear], Jackets, caps, Sweaters, Neck scarves [mufflers], Sweaters, T-shirts.
• The mark was filed in class 30 with following description of goods:
  
  1. Coffee, tea, cocoa and artificial coffee
  2. Tea-based beverages
  3. Mate [tea]
  4. Yerba mate
  5. Tablets (Non-medicated -) made of glucose with a caffeine base.
• The mark was filed in class 32 with following description of goods:
  
  1. Beers
  2. Mineral water [beverages]
  3. Aerated water
  4. Fruit drinks
  5. Juices
  6. Syrups for making beverages
  7. Preparations for making beverages
  8. Non-alcoholic beverages
  9. Non-alcoholic beverages, in particular being based on mate
  10. Cola
  11. Caffeinated beverages
  12. Energy drinks containing caffeine
  13. Energy drinks
  14. Energy drinks [not for medical purposes]
  15. Fermented non-alcoholic beverages.
• The mark was filed in class 33 with following description of goods:
  
  1. Alcoholic beverages (except beers)
  2. Alcoholic energy drinks
  3. Fermented spirit.
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising
  2. Advertising, marketing and promotional services
  3. Business management, business administration, office functions
  4. Commercial information in relation to non-alcoholic beverages
  5. Commercial information in relation to alcoholic beverages
  6. Presentation of goods and services in retail outlets and online shops
  7. Operation of retail outlets and online shops, namely negotiation and concluding of contracts regarding the purchase and sale of goods and the use of services (for others)
  8. Operating online shops, electronic mail, namely order placement, delivery services and invoice management
  9. Display and demonstration of goods
  10. Collection of goods, for others, for presentation purposes
  11. Presentation of goods (for others), for sales purposes
  12. Import and export services
  13. Ordering services
  14. Procurement services for others, and retailing, in particular via the internet, of the following goods: clothing, footwear, headgear, shirts, trousers, hats, caps, jackets (clothing), caps (headwear), jumpers (pullovers), neck scarves (mufflers), sweaters, T-shirts
  15. Procurement services for others, and retailing, in particular via the internet, of the following goods: coffee, tea, cocoa and artificial coffee
  16. Procurement services for others, and retailing, in particular via the internet, of the following goods: tea beverages, mate tea, yerba-mate tea, non-medicinal caffeine-based dragées made from glucose
  17. Procurement services for others, and retailing, in particular via the internet, of the following goods: beers, mineral water, aerated water
  18. Procurement services for others, and retailing, in particular via the internet, of the following goods: fruit beverages, fruit juices, syrups for making beverages, preparations for making beverages
  19. Procurement services for others, and retailing, in particular via the internet, of the following goods: non-alcoholic beverages, in particular based on mate
  20. Procurement services for others, and retailing, in particular via the internet, of the following goods: non-alcoholic caffeinated beverages, caffeinated beverages
  21. Procurement services for others, and retailing, in particular via the internet, of the following goods: caffeinated energy drinks, energy drinks, energy drinks, other than for medical purposes, fermented non-alcoholic beverages
  22. Procurement services for others, and retailing, in particular via the internet, of the following goods: alcoholic beverages, except beers, alcoholic energy drinks, fermented spirits (beverages).
• The mark was filed in class 39 with following description of goods:
  
  1. Transport
  2. Packaging and storage of goods
  3. Services in connection with the transport of alcoholic beverages
  4. Services in connection with the transport of non-alcoholic beverages
  5. Storage of alcoholic drinks
  6. Storage of non-alcoholic beverages
  7. Consultancy and information in relation to the aforesaid services, included in this class.
• The mark was filed in class 43 with Services for providing food and drink and Providing temporary accommodation..