018332917

Charge

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November 4, 2020

Trademark Summary

The trademark Charge was filed by M5z mypowerdrinks gmbh, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on December 13, 2020, and received one opposition filed on February 9, 2021 by Walmart Apollo, LLC on Likelihood of confusion. the opponent was represented by Marks & Clerk LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 9, 2021

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

The Appeal with reference B R0375/2023-5 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on October 26, 2023 by the EUIPO. The Opposition with reference B 003140349 was refused according to Article 8(1)(b) EUTMR with decision issued on December 14, 2022 by the EUIPO.

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Goods And Services

• The mark was filed in class 32 with following description of goods:
  
  1. Non-alcoholic beverages, including soft drinks, Energy Drinks, Whey beverages and Isotonic beverages, Hypertonic drinks and Hypotonic beverages [for use or as required by athletes, but not for medical purposes]
  2. Beer
  3. Malt beer
  4. Wheat beer
  5. Porter
  6. Ales
  7. Stouts
  8. Lager
  9. Non-alcoholic malt drinks
  10. Mineral and aerated waters
  11. Fruit drinks
  12. Juices
  13. Syrups, essences and other preparations for making beverages as well as effervescent (sherbet) tablets and effervescent powders for drinks and non-alcoholic cocktails.