The trademark LIT was filed by Lit Hydration Spain S.A., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on September 1, 2024, and received one opposition filed on October 29, 2024 by Leibniz-Institut für Immuntherapie on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by HANNKE BITTNER & PARTNER PATENT- UND RECHTSANWÄLTE MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 29, 2024
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Electrolytes for medical use
Electrolyte solutions for medical use
Electrolyte replacement beverages for medical purposes
Vitamin and mineral supplements
Mineral drinks (Medicated -).
The mark was filed in class 32 with following description of goods:
Sports drinks containing electrolytes
Non-alcoholic drinks enriched with vitamins and mineral salts
Syrups for making flavoured mineral waters.
The mark was filed in class 35 with following description of goods:
Providing consumer product information relating to food or drink products
Retail services in relation to non-alcoholic beverages
Wholesale services in relation to non-alcoholic beverages
Wholesale services in relation to preparations for making beverages
Retail services in relation to preparations for making beverages
Retail services via global computer networks related to non-alcoholic beverages
Mail order retail services related to non-alcoholic beverages
Retail services via catalogues related to non-alcoholic drinks
Wholesale services in relation to dietary supplements
Wholesale services in relation to dietetic preparations
Retail services in relation to dietary supplements
Retail services in relation to dietetic preparations.