EUTM file information

014582803

ROYBEBE

September 21, 2015

Trademark Summary

The trademark ROYBEBE was filed by AJM B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on October 13, 2015, and received one opposition filed on January 7, 2016 by IBERFRUTA-MUERZA, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BALDER IP LAW, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 7, 2016

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

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2019.The first Cancellation was filed by IBERFRUTA-MUERZA, S.A. (represented by BALDER IP LAW, S.L.) on June 8, 2021 and Final decision – Request rejected on formalities.

Application for revocation or for a declaration of invalidity of the trademark registration was recorded on June 26, 2019. Change of name and address of the trademark registration was recorded on November 3, 2020. Change of name and address of the trademark registration was recorded on November 8, 2020. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on June 13, 2021. Change of name and address of the trademark registration was recorded on July 11, 2023.

The Appeal with reference B R0664/2018-4 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on January 9, 2019 by the EUIPO. The Opposition with reference B 002636465 was rejected according to Article 8(1)(b) CTMR with decision issued on February 21, 2018 by the EUIPO. The Cancellation with reference B 000036261 was Cancellation rejected according to Article 60(1)(a) EUTMR with decision issued on March 8, 2021 by the EUIPO.

Goods And Services

  • The mark was filed in class 5 with following description of goods:
    1. Pharmaceutical products
    2. Dietetic food and substances adapted for medical use, food for babies
    3. Drinks for babies
    4. Infant's foods and drinks
    5. Dietary supplements for humans
    6. Food for medical purposes
    7. Dietetic substances adapted for medical use
    8. Food for babies, infants and invalids
    9. Food for babies with special nutritional needs
    10. Milks for babies and infants, in liquid and powder form
    11. Milk ferments and whey powder
    12. Dietary supplements for humans
    13. Nutritional dietary supplements for medical use
    14. Nutritional products for medical usage
    15. Vitamin waters
    16. Vitamin drinks
    17. Preparations and substances for medical purposes
    18. Food supplements not for medical use.
  • The mark was filed in class 29 with following description of goods:
    1. Meat, fish, poultry and game
    2. Meat extracts
    3. Preserved, frozen, dried and cooked fruits and vegetables
    4. Jellies, jams, compotes
    5. Eggs
    6. Milk products
    7. Edible oils and fats
    8. Milk
    9. Milk powder
    10. Milk and milk powder for children.
  • The mark was filed in class 30 with following description of goods:
    1. Coffee, tea, cocoa and artificial coffee
    2. Rice
    3. Tapioca and sago
    4. Flour and preparations made from cereals
    5. Bread, pastry and confectionery
    6. Edible ices
    7. Sugar, honey, treacle
    8. Yeast, baking-powder
    9. Salt
    10. Mustard
    11. Vinegar, sauces (condiments)
    12. Spices
    13. Ice
    14. Cereals
    15. Cereals containing fibre
    16. Breakfastcereals, porridge and grits
    17. Children's flour and other foodstuffs for infants and children
    18. Milkpowder products, with addition of other foodstuffs or not.