BUTTERCREAM

EUIPO EUIPO 2023 Application opposed

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The Union trademark BUTTERCREAM was filed as Word mark on 05/31/2023 at the European Union Intellectual Property Office. The current status of the mark is "Application opposed".

Trademark Details Last update: May 14, 2024

Trademark form Word mark
File reference 018881990
Application date May 31, 2023
Publication date October 31, 2023

Trademark owner

Trademark representatives

Objection / Complaint

01/31/2024: Likelihood of confusion
Trademark
Applicant
Dragsbæk A/S

goods and services

5 Dietary supplements and dietetic preparations; Nutritional supplement food bars; Food supplements for non-medical purposes; meal replacement shakes for medical purposes; Protein dietary supplements; Dietetic beverages adapted for medical purposes; Albuminous preparations for medical purposes; Albuminous foodstuffs for medical purposes; Dietary supplement drink mixes; Dietary supplements in powder form; carbohydrate-based nutritional drink mixes as meal replacement
9 Computer programs, downloadable; Weight measuring instruments; Food analysis apparatus; Pedometers; computer software application and computer software platform for measuring, sharing, and storing fitness and health information, goals, and activities; multifunctional electronic devices for measuring, sharing, and storing fitness and health information, goals, and activities; Cameras [photography]; Compact discs, DVDs and other digital recording media; Data processing equipment, computers; Computer software; Apps, namely software applications for smartphones, tablet PCs, e-readers and other mobile or stationary IT apparatus (downloadable); Apparatus, instruments and equipment for recording, reproducing, receiving, storing, processing, transmitting, encoding and decoding, broadcasting, streaming and retrieving data, in particular speech, ringtones, MP3s, films, videos, audio books, text signals, music, sounds, graphics, games and images; Recorded electronic, magnetic and electromagnetic data carriers and data storage media, in particular compact discs, DVDs, optical data carriers, USB flash drives; Sound recording carriers; Image and sound carriers; Image carriers; Software carriers and digital storage media; Smart cards; Computer programs and computer software, in particular for mobile telephones, computers, television sets and wireless communications devices; Software for cameras, Software for video and computer games; Computer programs and computer software for video, computer and Internet games and for other electronic and/or visual games; Computer programs and computer software for interactive games and for game programs for mobile telephones, computers, television sets and wireless communications devices; Image, audio-visual, audio and video recordings; Electronic publications, downloadable, Music, audio, video and other multimedia recordings and digitalised printed matter (downloadable); Data downloadable from the internet or a global network, namely speech, ringtones, MP3s, films, videos, audio books, text signals, music, sounds, graphics, games and images; Parts and accessories for all of the aforesaid goods; Databases (electronic); Recorded data files; Electronic apparatus or software for displaying, measuring and uploading information to the internet, including time, date, pulse and heart rate, global location, direction, distance, altitude, speed, step count, calories burned, and changes in pulse and heart rate; Goggles for sports; Spectacle cases; Helmets for use in sports; Cases, Namely sports cases for mobile telephones or MP3 players; Headphones; Measuring and monitoring apparatus; Electronic apparatus or software for displaying, measuring and uploading information to the internet, including time, date, pulse and heart rate, global location, direction, distance, altitude, speed, step count, calories burned, navigation information, meteorological information, temperature, wind speed, and changes in pulse and heart rate; Electronic navigational and positioning apparatus and instruments; Smartwatches
18 All-purpose athletic bags; Duffel bags; Gym bags; Bags for sports; Rucksacks; Hipsacks; Hipsacks; Key bags
21 Shakers; Shaker bottles sold empty; Sports bottles; Bottle stands
25 Clothing, footwear, headgear, In particular exercise wear; Sweatpants; Sports jackets; Sports socks; Gym suits and gym shoes; Knitwear and singlets; Sports shoes; Swimwear for men, women and children; Bathing trunks; Bathing suits; Caps (headwear), in particular sports caps and bathing caps; Waist belts
27 Yoga mats; Gymnastic mats; Gymnastic mats
28 Gymnastic and sporting articles not included in other classes; Machines for physical exercises; Gloves, namely sports gloves and gloves for use with fitness and training apparatus, in particular with dumbbells and pull-up bars
29 Dried fruits and vegetables; Dried nuts; Marmalade; Fruit-based snack food; Soups; Tofu; Edible seeds; Edible oils and fats; Drinks made from dairy products
30 High-protein cereal bars; Bread, Sandwich spread made from chocolate and nuts; Preparations for food, not for medical purposes, with a base of carbohydrates, with added vitamins, minerals and trace elements, namely Ready-made baking mixtures, Instant pancake mixes, Instant pudding mixes, Instant ice cream mixes; Tea; Cocoa; Coffee; Flour and preparations made from cereals; Chips [cereal products]; Cereal-based snack food; Husked oats; Muesli, Cereal bars and energy bars; Crackers; Sauces (spices); Wholemeal pasta; Wholemeal rice; Wholemeal bread; Gluten-free bread; Linseed for human consumption; Foodstuffs made from soya, namely Soya sauce, Soy bean paste, Soya flour; Biscuits; Honey; Rice; Noodles; Puddings; Flavourings, other than essential oils, for beverages; Bases for making milk shakes [flavourings]; Flavourings made from fruits; Spices; Sherbets [confectionery]; Cereal products in bar form; Cereals prepared for consumption by humans; Powder for edible ices
32 Protein drinks; Sports drinks; Isotonic beverages; Non-alcoholic beverages; Fruit juice beverages; powders used in the preparation of sports drinks and Powders used in the preparation of isotonic sports drinks and sports beverages; Syrups and other concentrates for making beverages
35 Business intermediary services for the providing, reservation and booking of services in the following fields: beauty, wellness, fitness, Sport, Workouts, Training lessons, health; offering loyalty programs; Advisory and consultancy services in respect of all of the aforesaid; Including the aforesaid services via electronic means; Arranging of business introductions; Procurement of contracts [for others]; Arranging of contracts, for others, for the providing of services; Arranging of purchase and sale contracts, for others
38 Provision of access to content, websites and portals; Providing online forums; Electronic exchange of messages via chat lines, chatrooms and Internet forums; Telecommunication services; Broadcasting of internet television programmes; Communications by computer terminals; Continuous real-time transmission (streaming) of multimedia files, in particular audio and video files, on computer networks, the Internet or global networks, and mobile telephones and wireless communication devices; Transmission of data on data networks, in particular audio, video or other multimedia content, including via the internet or global networks, in electronic or computerised form, and on mobile telephones and wireless communication devices; Broadcasting and transmission of downloadable publications for education and entertainment purposes on data networks, including via the Internet or global networks, in electronic or computer-aided form, and on mobile telephones and wireless communications devices; Providing of access to online facilities for real-time interaction with other computer users in relation to the following fields: Sports, Gymnastics, Exercise, Consumption, health; Broadcasting and electronic transmission of film, television, cable television, radio programmes or transmissions, including via the Internet or global networks, in electronic or computerised form, and on mobile telephones and wireless communication devices; Providing access to databases in computer networks; Transmitting video content and providing telecommunications access through video-on-demand transmission via the Internet and other global computer networks, and on mobile telephones or wireless communication devices; Providing access to online computer databases, Providing of access to databases consultable online, in relation to the following fields: Sports, Gymnastics, Exercise, Consumption, health; Digital communication networks for enabling the transmission of personal user data to multiple websites and for exchanging personal identify data with and among multiple websites; Providing access to information stored on databases on computer networks, Especially, in relation to the following fields: Sports, Gymnastics, Exercise, Consumption, health; Transmission of information (data) on computer networks (telecommunications); providing access to on-line portals; Telecommunication services provided via Internet platforms and portals; Providing access to Internet portals, and telecommunications by means of platforms, chat lines, forums, chat rooms and blog systems and social networks on the Internet or global networks (telecommunications); Providing access to hotlines by means of telecommunications (included in class 38); Transmission and electronic delivery of information and messages [press agencies], and data, in particular in the field of sport, gymnastics, fitness, nutrition or health, and documents via the internet or global networks, in databases, in electronic or computerised form and for mobile telephones and wireless communication devices; Electronic messaging; Message sending; Leasing access time to a computer database
41 Dietary education services; Providing on-line electronic publications, not downloadable; Provision of instruction relating to nutrition; Conducting classes in weight control; Instruction in nutrition [not medical]; Education services relating to nutrition; Education services relating to nutrition; Teaching of diet education; Interactive entertainment services, specifically, in relation to the followings fields: Sporting activities, Cultural activities; Organisation of sporting and cultural events; Website editing (support services); Production of film, television, radio, videotext and teletext programmes and transmissions (other than for advertising purposes); Conducting, organization and arrangement of fitness or sports events and sports competitions as well as presentations and exhibitions in the fields of sport, fitness, nutrition or health; Information in relation to leisure activities and in relation to the fields of sports, gymnastics and fitness; Information relating to event offers (sport and entertainment); Gym services; Providing sports facilities; Gymnastic instruction; Providing of non-downloadable film recordings, movie recordings, audio recordings, video recordings and other multimedia recordings in the fields of sports, gymnastics, fitness, nutrition or health, including via the internet or global networks and in electronic or computerised form and for mobile telephones and wireless communication devices (included in class 41); Publishing of reviews [texts] and information [texts], specifically in the following fields: sports, Physical education, Fitness club services, nutrition, health, Not for advertising purposes, The aforesaid services included in class 41; Publishing printed matter, other than for advertising purposes, specifically, Publication and edition of books, newspapers and periodicals, in relation to the followings fields: sports, Physical education, Fitness club services, nutrition or health; Production, recording, rental and screening of image, audio, image and audio, film, video and television recordings (not downloadable); Arranging and conducting of sports events, shows, entertainment events and live events in the entertainment sector; Education in the field of sporting activities; Providing of training in the field of sporting activities; Entertainment in the field of sporting activities; Sporting and cultural activities; Sports coaching; Conducting fitness classes
42 Software development, programming and implementation; Computer hardware development; Development of computer programs; Development of databases; Software development; Development of software for communication systems; Website development services; Creating of computer programs; Product design and development; application service provider featuring application programming interface (API) software for the measuring, sharing, and storing of fitness and health information, goals, and activities
44 Providing nutritional information about food; Nutrition counseling; Nutritional advice; Advisory services relating to weight control; Services rendered by a dietician; Providing weight loss program services; Dietetic advisory services; Weight control evaluation; Services for the planning of weight reduction programmes; Weight-reduction programmes (Planning of -); Hygienic care for human beings; Beauty care for human beings; Medical services; Nutrition and dietetic consultancy; Health counselling; Information relating to health and nutrition; Supervision of weight reduction programmes; Providing information relating to dietary and nutritional guidance; Information in the following fields: Nutrition and Health

Trademark history

Date Document number Area Entry
February 23, 2024 Change Representative, Registered

ID: 11018881990