The trademark Firewall was filed by Big Hug Brands Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 13, 2022, and received one opposition filed on April 18, 2022 by Sazerac Brands, LLC on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 18, 2022
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 003168243 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 20, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Protein dietary supplements
Soy protein dietary supplements
Dietary supplements and dietetic preparations
Dietetic foods adapted for medical purposes
Mineral dietary supplements
Sanitary preparations and articles
Soy protein dietary supplements
Anti-oxidant food supplements
Protein powders
Casein protein powder
Fortifiers in the form of a dietary supplement
Vitamin preparations
Vitamin preparations in the nature of food supplements
Dietary supplements for individuals with specific dietary requirements
Nutritional supplement meal replacement bars for boosting energy
Weight gainers (dietary supplements)
Meal replacement powders
Syrups for pharmaceutical purposes
Candy (dietary supplements).
The mark was filed in class 25 with following description of goods:
Pockets for clothing
Gussets for leotards [parts of clothing]
Gussets for underwear [parts of clothing].
The mark was filed in class 29 with following description of goods:
Meat
Fish, not live
Seafood
Molluscs
Dairy products and dairy substitutes
Birds' eggs
Egg products
Oils
Fats
Processed fruits, fungi and vegetables (including nuts and pulses)
Ready meals, snacks and desserts (including soups and broth), namely birds' nests, stews and casseroles, condensed tomatoes, dips, fish crackers, pollen prepared as foodstuff, snacks consisting of pork, soya preparations, ready meals consisting predominantly of meat, fish, seafood or vegetables, snacks and side dishes consisting of potatoes, soups and preparations therefor, stews, meat stocks and broth, yucca chips.
The mark was filed in class 30 with following description of goods:
Prepared meals and savoury snacks, in particular snacks based on corn, cereals, flour and sesame
Cookies and crackers (other than cheese crackers)
Dumplings
Pancakes
Pasta
Rice and cereal dishes
Sandwiches and pizzas, spring and seaweed rolls
Steamed buns
Tortilla foodstuffs
Edible salt
Seasonings
Spices
Flavouring for beverages
Pastry and confectionery
Chocolate and desserts
Sweet glazes and fillings and bee products for food
Ices
Ice cream
Frozen yoghurt
Sherbets [sorbets]
Processed cereals and starches for foodstuffs, and goods made therefrom
Bakery products and yeast
Sauces [condiments]
Dressings for food
Creatine-based snacks
Bars based on wheat
Cereal based food bars
Cereal products in bar form
Bars of sweet jellied bean paste (Yohkan)
Spices in the form of powders
High-protein cereal bars
Topping syrup
Syrup for food
Bakery goods
Confectionery
Cakes
Egg cakes
Tarts
Muffins
Chocolate
Chocolate balls
Chocolate spread
Desserts
Natural sweeteners
Sweet glazes and fillings
Baking preparations
Chocolate mousses
Nut mousses
Pasta
Bread rolls
Crumpets
Tea cakes
Biscuits (other than cheese cracker biscuits)
Biscuits
Biscuits
Pastries
Cookies (other than cheese cookies)
Flour
Cereal preparations
Bread
Sandwiches
Bread dishes
Yeast
Baking powder
Chocolate powder
Powdered vanilla
Flavouring syrups
Rice
Tapioca
Sago
Crackers
Cereal foodstuffs
Pâtés en croûte
Farinaceous foods
Sandwiches
Pizzas
Spring rolls and seaweed rolls
Mustard
Honey
Golden syrup
Bee products for food
Edible ices
Vinegar
Sauces [condiments]
Fruit coulis [sauces]
Infusions, not medicinal
Gingerbread
Rice pudding
Noodle-based prepared meals
Noodles
Pasta
Pasta sauce
Pies
Pelmeni [dumplings stuffed with meat]
Pesto [sauce]
Petits fours [cakes]
Pancakes
Puddings
Quiches
Dressings for salad
Chocolate-based beverages
Tomato sauce
Waffles
Wraps
Panini
Sweetening substances
Chocolate cream
Candies [sweets]
All the aforesaid goods in class 30 being intended for sports nutrition.