The trademark AQUA NOA was filed by Dariusz Jakubowski, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 26, 2024, and received one opposition filed on September 18, 2024 by NOAM GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by LORENZ SEIDLER GOSSEL RECHTSANWÄLTE PATENTANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 18, 2024
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 32 with following description of goods:
Beer and non-alcoholic beer
Non-alcoholic preparations for making beverages
Non-alcoholic beverages
Flavoured waters
Flavoured mineral water
Preparations for making aerated water
Functional water-based beverages
Bottled drinking water
Aerated water
Carbonated mineral water
Aerated water [soda water]
Mineral water [beverages]
Mineral and aerated waters
Mineral enriched water [beverages]
Nutritionally fortified water
Soda water
Table waters
Waters [beverages]
Fruit flavoured waters
Drinking water
Drinking water with vitamins
Water-based beverages containing tea extracts
Purified drinking water
Non-alcoholic fruit juice beverages
Fruit drinks
Non-alcoholic flavored carbonated beverages
Lemonades
Carbonated non-alcoholic drinks
Cola drinks
Energy drinks containing caffeine
Waters
Guarana drinks
Vitamin enriched sparkling water [beverages]
Vitamin fortified non-alcoholic beverages
Sports drinks
Energy drinks [not for medical purposes]
Energy drinks
Non-carbonated soft drinks.
The mark was filed in class 33 with following description of goods:
Alcoholic essences and extracts
Alcoholic beverages (except beer)
Preparations for making alcoholic beverages
Alcoholic preparations for making beverages
Pre-mixed alcoholic beverages
Spirits [beverages].
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Wholesale services in relation to non-alcoholic beverages
Catalogue retail services in relation to non-alcoholic preparations for making beverages
Wholesale services in relation to non-alcoholic preparations for making beverages
Catalogue retail services in relation to non-alcoholic beverages
Wholesale services in relation to beer and non-alcoholic beer
Catalogue retail services in relation to beer and non-alcoholic beer
Marketing
Product launch services
Marketing advice
Internet marketing
Advertising and marketing
Digital marketing
Promotion, advertising and marketing of on-line websites
Provision of information relating to marketing
Sales promotion
Marketing in the framework of software publishing
Marketing consulting
Information or enquiries on business and marketing
Promotional marketing
Brand positioning services
Sales management services
Advertising
Advertising, promotional and public relations services.