The trademark Sunval Baby Food was filed by Sunval Baby Food GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 19, 2021, and received one opposition filed on April 19, 2021 by HERO CZECH s.r.o. on Likelihood of confusion. the opponent was represented by Macek, Daniel and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 19, 2021
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 003144847 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 11, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, dried and cooked fruits and vegetables
Jellies for food
Jams, compotes
Purées made from pressed fruit and vegetables
Stewed fruits and vegetables
Eggs and Egg-based preparations
Milk and milk products
Edible oils and fats
Prepared meals (including pureed), mainly consisting of the aforesaid goods, included in class 29
Desserts mainly consisting of raw ingredients included in class 29
Dietetic foods not adapted for medical use with a protein, milk preparation and fat base.
The mark was filed in class 30 with following description of goods:
Cocoa
Sugar
Chocolate and products made from chocolate
Confections
Boiled sweets
Rusks
Cereal preparations
Bread, pastry and confectionery
Corn, rice and Grain products
Muesli
Noodles and noodle dishes
Edible ices
Ice cream products
Honey, treacles
Yeast, baking-powder
Tapioca
Sago
Salt, mustard
Vinegar, sauces (condiments)
Spices
Prepared meals (including pureed), mainly consisting of the aforesaid goods, included in class 30
Desserts mainly consisting of raw ingredients included in class 30
Puddings
Mixes for making puddings
Tea, Teas for babies and teas for small children
Dietetic foodstuffs not for medical purposes, with a base of carbohydrates.
The mark was filed in class 32 with following description of goods:
Mineral water [beverages]
Still water
Aerated water
Soft drinks
Water for babies
Fruit drinks
Juices
Vegetable drinks
Vegetable juice.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling (online and offline), relating to the goods: food supplements
Dietetic preparations and substances for medical use
Dietetic beverages and dietetic foodstuffs for medical purposes
Food for babies and young children
Beverages for babies and infants
Milk powders [foodstuff for babies]
Teas for babies and teas for infants for medical purposes
Baby food in powder form for stirring in and being prepared products
Water for babies
Foodstuffs for tube feeding
Meat, fish, poultry and game
Meat extracts
Preserved, dried and cooked fruits and vegetables
Jellies
Jams, compotes
Purées made from pressed fruit and vegetables
Pickled fruits and vegetables
Eggs and egg dishes
Milk ad milk products
Edible oils and fats
Prepared meals (including pureed), mainly consisting of the aforesaid goods, included in class 29
Desserts mainly consisting of raw ingredients included in class 29
Dietetic foods not adapted for medical use with a protein, milk preparation and fat base
Cocoa
Sugar
Chocolate and products made from chocolate
Edible candy
Boiled sweets
Biscotti
Preparations made from cereals
Bread, pastry and confectionery
Corn, rice and products made from grains
Muesli
Noodle-based prepared meals noodles
Ices
Edible ices, products and
Honey, treacle
Yeast, baking-powder
Tapioca
Sago
Salt, mustard
Vinegar, sauces (condiments)
Spices
Prepared meals (including pureed), mainly consisting of the aforesaid goods, included in class 30
Desserts mainly consisting of raw ingredients included in class 30
Puddings
Mixes for making puddings
Tea, Teas for babies and teas for small children
Dietetic foods, not adapted for medical purposes, with a carbohydrate base
Mineral waters
Flat water
Aerated waters
Non-alcoholic drinks
Water for babies
Fruit drinks
Fruit juices
Vegetable beverages
Vegetable juices, distribution services relating to the goods: food supplements
Dietetic preparations and substances for medical use
Dietetic beverages and dietetic foodstuffs for medical purposes
Food for babies and young children
Beverages for babies and infants
Milk powders [foodstuff for babies]
Teas for babies and teas for infants for medical purposes
Baby food in powder form for stirring in and being prepared products
Water for babies
Foodstuffs for tube feeding
Meat, fish, poultry and game
Meat extracts
Preserved, dried and cooked fruits and vegetables
Jellies
Jams, compotes
Purées made from pressed fruit and vegetables
Pickled fruits and vegetables
Eggs and egg dishes
Milk ad milk products
Edible oils and fats
Prepared meals (including pureed), mainly consisting of the aforesaid goods, included in class 29
Desserts mainly consisting of raw ingredients included in class 29
Dietetic foods not adapted for medical use with a protein, milk preparation and fat base
Cocoa
Sugar
Chocolate and products made from chocolate
Edible candy
Boiled sweets
Biscotti
Preparations made from cereals
Bread, pastry and confectionery
Corn, rice and products made from grains
Muesli
Noodle-based prepared meals noodles
Ices
Edible ices, products and
Honey, treacle
Yeast, baking-powder
Tapioca
Sago
Salt, mustard
Vinegar, sauces (condiments)
Spices
Prepared meals (including pureed), mainly consisting of the aforesaid goods, included in class 30
Desserts mainly consisting of raw ingredients included in class 30
Puddings
Mixes for making puddings
Tea, Teas for babies and teas for small children
Dietetic foods, not adapted for medical purposes, with a carbohydrate base
Mineral waters
Flat water
Aerated waters
Non-alcoholic drinks
Water for babies
Fruit drinks
Fruit juices
Vegetable beverages
Vegetable juices.
The mark was filed in class 40 with following description of goods:
The production of the following goods, for others:: Nutritional supplements
Dietetic products for medical purposes
Diet beverages and dietetic foods, adapted for medical purposes
Baby and infant food
Baby and infant beverages
Milk powders [baby food]
Teas for babies and teas for infants for medical purposes
Food for babies in powder form for stirring in and being a prepared preparation
Water for babies
Foodstuffs for tube feeding
Meat, Fish, Poultry and game
Meat extracts
Preserved, dried and cooked fruits and vegetables
Gelatine [jellies]
Jams, Compotes
Purées made from pressed fruit and vegetables
Stewed fruits and vegetables
Eggs and Egg-based preparations
Milk and milk products
Edible oils and fats
Prepared meals (including pureed), mainly consisting of the aforesaid goods, included in class 29
Desserts mainly consisting of raw ingredients included in class 29
Dietetic foods, not adapted for medical purposes, with a protein, milk preparation or fat base
Cocoa
Sugars
Chocolate and chocolate products
Sweet-products
Boiled sweets
Rusks
Cereal preparations
Bread, pastry and confectionery
Corn, rice and grain preparations
Muesli
Noodles and noodle dishes
Edible ices
Ice cream products
Honey, Treacle
Yeast, Baking powder
Tapioca
Sago
Salt, Mustard
Vinegar, Relishes [condiments]
Spices
Prepared meals (including pureed), mainly consisting of the aforesaid goods, included in class 30
Desserts mainly consisting of raw ingredients, included in class 30
Puddings
Mixes for making puddings
Tea, Teas for babies and teas for small children
Dietetic foods, not adapted for medical purposes, with a carbohydrate base
Mineral waters
Still water
Aerated water
Non-alcoholic beverages
Water for babies
Fruit drinks
Fruit juices
Vegetable beverages
Vegetable juices.
The mark was filed in class 43 with following description of goods:
Preparation of the following goods: Food supplements
Dietetic products for medical purposes
Dietetic beverages and dietetic foodstuffs, adapted for medical purposes
Baby and infant food
Baby and infant beverages
Milk powders [foodstuff for babies]
Teas for babies and teas for infants for medical purposes
Food for babies in powder form for stirring in and as ready-made products
Water for babies
Foodstuffs for tube feeding
Meats, Fish, poultry and game
Meat extracts
Preserved, dried and cooked fruits and vegetables
Gelatine [jellies]
Jams, Compotes
Purées made from pressed fruit and vegetables
Stewed fruits and vegetables
Eggs and Egg-based preparations
Milk and milk-based products
Edible oils and fats
Prepared meals (including pureed), mainly consisting of the aforesaid goods, included in class 29
Desserts mainly consisting of raw ingredients included in class 29
Dietetic foods not adapted for medical use with a protein, milk preparation and fat base
Cocoa
Sugar
Chocolate and chocolate products
Sweet-products
Boiled sweets
Rusks
Preparations made from cereals
Bread, Bakery goods and confectionery
Corn, rice and grain preparations
Muesli
Noodles and Noodle-based meals
Ices
Ice cream preparations
Honey and treacle
Yeast and baking-powder
Tapioca
Sago
Salt, Mustard
Vinegar, Sauces (condiments)
Groceries
Prepared meals (including pureed), mainly consisting of the aforesaid goods, included in class 30
Desserts mainly consisting of raw ingredients included in class 30
Puddings
Mixes for making puddings
Tea, Teas for babies and teas for small children
Dietetic foods, not adapted for medical purposes, with a carbohydrate base