The trademark application HUNGRY? DRINK THIS! was filed by Zott SE & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). Application under examination.
The application was filed in English (German was selected as the second language).
The Refusal with reference B 019102165 was Rejected according to Article 7(1)(b) EUTMR with decision issued on March 9, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Fortified foods and/or beverages and ready meals/beverages based on milk, milk products and/or dairy alternatives
Milk-based desserts
Spreads (fat-containing)
Milk shakes
Whey
Desserts consisting essentially of milk and spices with gelatine and/or starch as binders
Butter
Clarified butter
Cheese and cheese preparations
Milk and whey powder as foodstuffs
All the aforesaid goods also based on rice milk, almond milk, soya milk, spelt milk, oat milk, nut milk, coconut milk or other plant-based ingredients including all the aforesaid goods in vegan form
Dairy analogues [preparations in which milk protein or milk fat is wholly or partially substituted by protein, fat or oil of origins other than milk]
Processed fruits and vegetables
Soups and broths
Finished goods based on vegetables and fruit
All of the aforesaid goods also in vegan form
Yoghurt substitute
Fruit yoghurt substitute
Yoghurt substitute with added chocolate or cocoa
Drinking yoghurt substitutes
Plant-based substitutes for milk products
Preparations based on plants being substitutes for milk products
Milk substitutes based on plants in liquid, cream, solid, mousse or jelly form
The aforesaid goods included in this class
Edible fats.
The mark was filed in class 30 with following description of goods:
Coffee
Frozen coffee
Prepared coffee and coffee-based beverages
Desserts based on coffee
Substitutes of coffee
Iced coffee
Flavoured coffee
Coffee oils
Ice beverages with a coffee base
Coffee in whole-bean form
Coffee bags
Coffee extracts
Mixtures of coffee
Coffee concentrates
Instant coffee
Decaffeinated coffee
Chocolate coffee
Coffee essences
Roasted coffee beans
Coffee capsules, filled
Vegetal preparations for use as coffee substitutes
Chocolate
Beverages based on chocolate
Tea
Beverages based on tea
Ice tea
Cocoa
Beverages based on cocoa
Ice cream
Confectionaries
Confectionery
Sweets
Puddings
Edible ice
Powder for ice cream
Long-life bakery goods and pastries, especially ready-to-eat cakes and waffles
Rice pudding
Mousse confections
Preparations predominantly consisting of oat flakes, rice, semolina
Semolina desserts
Products made from chocolate
All the aforesaid goods also in vegan form
All the aforesaid goods being with dairy analogues [preparations in which milk protein or milk fat is wholly or partially substituted by protein, fat or oil of origins other than milk]
Snacks
Sandwiches
Bakery goods
Filled bakery goods, as far as these goods are not included in other classes
Prepared meals
Semi-prepared meals
Constitutions for meals, namely fortified food and meal substitutes in liquid, semi-solid or powder form
Dessert souffles
All the aforesaid goods including containing rice milk, almond milk, soya milk, spelt milk, oat milk, nut milk, coconut milk, rice beverages, almond beverages, soya beverages, spelt beverages, oat beverages, nut beverages, coconut beverages or other plant-based basic ingredients, and including all the aforesaid goods in vegan form
Including all the aforesaid goods with a base of dairy analogues [preparations in which milk protein or milk fat is wholly or partially substituted by protein, fat or oil of origins other than milk]
Foods and/or beverages, fortified foods and/or beverages and ready meals/beverages based on one or more of the following products: coffee, tea, cocoa and coffee substitutes, rice, tapioca and sago, flours and cereal preparations, pastry and confectionery, ice cream, sugar, honey, treacle, yeast, baking powder, spices, chilled ice cream
Cookies
Protein bars
Sweet protein bars
Protein snacks
Sweet protein snacks
Drinking meals
Liquid meals.
The mark was filed in class 32 with following description of goods:
Soft drinks
Protein drinks
Non-alcoholic beverages
Whey beverages
Protein-enriched sports drinks
Protein drinks [non-alcoholic protein-based drinks]
Concentrates and/or powders used in the production of beverages
Concentrates and/or powders used in the production of fortified beverages
Fortified drinks
Non-alcoholic drinks enriched with vitamins and mineral salts
Sports drinks
Energy drinks.
The mark was filed in class 43 with following description of goods: