The trademark GOCUP TREND YOUR COFFEE was filed by CupSystem, s.r.o., a corporation established under the laws of the Czech Republic (the "Applicant"). The application was published for oppositions on August 11, 2019, and received one opposition filed on November 6, 2019 by reCup GmbH on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fleuchaus & Gallo Partnerschaft mbB Patent- und Rechtsanwälte and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 6, 2019
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on July 15, 2019. Change of name and professional address of the trademark registration was recorded on August 30, 2023.
The Opposition with reference B 003102536 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 4, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 21 with following description of goods:
Dishes
Drinking vessels
Cups made of plastics
Cups made of plastics
And parts and accessories for all the aforesaid goods.
The mark was filed in class 35 with Advertising, marketing, business management assistance, management and administration services, dissemination of advertising matter, creation of promotional items and advertisements, demonstration events and exhibitions for commercial or advertising purposes, retailing, wholesaling and internet trading (online shopping) of the aforesaid goods: tableware, drinking vessels, plastic cups, cups of plastic and parts and accessories for all the aforesaid goods.
The mark was filed in class 37 with Washing and cleaning of cups and beakers.
The mark was filed in class 42 with following description of goods:
Cup and beaker design
Packaging design
Consultancy and information regarding the aforesaid services.
The mark was filed in class 43 with following description of goods:
Rental of plastic cups and beakers
Food and drink catering, restaurants and fast food outlets