The trademark HYDROSNACK BY RETORN was filed by POCURULL S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on October 30, 2018, and received one opposition filed on November 18, 2018 by Mealberry GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by ECOVIS L + C RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 18, 2018
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003068950 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on November 20, 2019 by the EUIPO.
Goods And Services
The mark was filed in class 31 with following description of goods:
Agricultural, horticultural and forestry products and grains not included in other classes
Live animals
Fresh fruits and vegetables
Seeds, natural plants and flowers
Malt.
The mark was filed in class 35 with Advertising, import-export and Commercial retailing and through global telematic networks, wholesaling, mail order sales, catalogue sales and sales promotion for others, all relating to pharmaceutical and veterinary products for animals, products and accessories for animals, articles for animal care and grooming, cushions, cot beds, kennels and nesting boxes for animals, sand for animals..
The mark was filed in class 44 with following description of goods: