The trademark HÄPPYSNÄX was filed by Almalex GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 8, 2022, and received one opposition filed on February 7, 2023 by McDonald's International Property Company, Ltd. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BARDEHLE PAGENBERG PARTNERSCHAFT MBB PATENTANWÄLTE, RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 7, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Dried fruit mixes
Dried fruit
Pressed fruit paste
Mixtures of fruit and nuts
Vegetables, dried
Vegetable chips
Vegetable-based snack food
Snack foods based on vegetables
Snacks based on the following products: Fruit, processed, Fruit, preserved or Dried fruit
Vegetable-based chips
Snack mixes consisting of dehydrated fruit and processed nuts
Snack foods based on nuts
Jellies, jams, compotes, fruit and vegetable spreads
Jellies for food
Nuts, prepared
Nuts
Seasoned mixtures of seeds and/or dried vegetables, For use in food.
The mark was filed in class 30 with following description of goods:
Fruit cakes
Pastries containing fruit
Crackers flavoured with vegetables
Biscuits
Muesli
Cereal bars and energy bars
Fruit jellies [confectionery]
Snack bars containing a mixture of grains, nuts and dried fruit [confectionery]
Chocolate
Chocolate based products
Chocolate bars
Filled chocolate
Chocolate-coated nuts
Chocolate coated fruits
Popcorn
Popcorn
Cereal-based snack food
Rice-based snack food
Linseed crisps
Rice crisps
Crisps made of cereals
Wholewheat crisps
Corn chips.
The mark was filed in class 35 with following description of goods:
Retail services in relation to confectionery
Retail services relating to fruit
Retail services relating to bakery products
Mail order retail services related to foodstuffs
Retail services relating to food
Including all the aforesaid services via the internet