The trademark RAKS was filed by Petr Hajkr, a national of the Czech Republic (the "Applicant"). The application was published for oppositions on April 28, 2024, and received one opposition filed on July 28, 2024 by United Soft Drinks B.V. on Likelihood of confusion. the opponent was represented by MERKENBUREAU KNIJFF & PARTNERS B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 28, 2024
The application was filed in Czech, and Czech was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 32 with following description of goods:
Juices
Cola drinks
Nut and soy based beverages
Beer and non-alcoholic beer
Flavoured carbonated beverages
Soft drinks
Non-alcoholic preparations for making beverages
Waters
Vegetable juices [beverages]
Vegetable drinks
Extracts for making beverages
Fruit flavoured waters
Tonic water [non-medicated beverages]
Pastilles for effervescing beverages
Aerated juices
Smoothies
Soda water
Syrups and other non-alcoholic preparations for making beverages
Protein drinks
Non-alcoholic essences for making beverages
Alcohol free wine
Aperitifs, non-alcoholic
Cocktails, non-alcoholic
Non-alcoholic bitters
Fruit-based soft drinks flavored with tea
Non-alcoholic vegetable juice drinks
Vitamin fortified non-alcoholic beverages
Non-alcoholic drinks enriched with vitamins and mineral salts
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages containing fruit juices
Non-alcoholic beer flavored beverages
Non-alcoholic beverages flavoured with tea
Non-alcoholic beverages flavoured with coffee
Non-alcoholic fruit juice beverages
Non-alcoholic fruit juice beverages
Nutritionally fortified beverages
Alcohol free wine
Soft drinks
Organic fruit juice
Fruit drinks
Juices
Powders for the preparation of beverages
Essences for making beverages
Beverages consisting of a blend of fruit and vegetable juices
Sports drinks
Protein-enriched sports beverages
Sports drinks containing electrolytes
Beverages containing vitamins
Must
Mineral water [beverages]
Lemonades
Isotonic beverages
Energy drinks
Cider, non-alcoholic
Lemonades
Gluten free beer.
The mark was filed in class 33 with following description of goods:
Alcoholic essences and extracts
Alcoholic beverages (except beer)
Cider
Spirits [beverages]
Spirits [beverages]
Wine
Pre-mixed alcoholic beverages
Cider
Liqueurs
Cocktails containing alcohol
Hot alcoholic beverages.
The mark was filed in class 35 with following description of goods:
Retail trade, Wholesale, Including via the Internet, in relation to the following goods: Juice, Cola drinks, Nut and soy based beverages, Cherries and alcohol-free beer, flavoured carbonated beverages, Non-alcoholic drinks, preparations for making beverages, Waters, Vegetable juice drinks, vegetable beverages, Extracts for making beverages, Water with fruit flavourings, Tonic water [non-medicated beverages], Pastilles for effervescing beverages
Retail trade, Wholesale, Including via the Internet, in relation to the following goods: Aerated juices, Smoothies, namely fruit cocktails, non-alcoholic, soda pops, Syrups and other non-alcoholic preparations for making beverages, protein drinks, Flavourings to prepare non-alcoholic drinks, not in the form of essential oils, Non-alcoholic wine, alcohol free aperitifs, Alcohol free cocktails, Bitters Non-alcoholic
Retail trade, Wholesale, Including via the Internet, in relation to the following goods: Tea-flavoured fruit-based non-alcoholic beverages, vegetable juice-based non-alcoholic beverages, Vitamin enriched non-alcoholic beverages, non-alcoholic drinks enriched with vitamins and mineral salts, coffee-flavoured soft drinks, Non-alcoholic beverages containing fruit juices, Non-alcoholic beer flavored beverages
Retail trade, Wholesale, Including via the Internet, in relation to the following goods: Non-alcoholic beverages flavoured with tea, Non-alcoholic beverages flavoured with coffee, Nonalcoholic fruit juice beverages, Non-alcoholic fruit juice beverages, Nutritionally fortified beverages, Dealcoholised wine, dealcoholised drinks, Organic fruit juice, fruit drinks, Fruit nectars, powders for the preparation of beverages, Flavourings for the preparation of beverages
Retail trade, Wholesale, Including via the Internet, in relation to the following goods: Beverages consisting of a blend of fruit and vegetable juices, Sports drinks, Protein-enriched sports drinks, sports drinks containing electrolytes, beverages containing vitamins, Bridges, Mineral water, Lemonades, Isotonic drinks, energy drinks, Cider, non-alcoholic, Lemonades, Gluten free beer
Retail trade, Wholesale, Including via the Internet, in relation to the following goods: Alcoholic essences and extracts, Alcoholic beverages (except beers), Cider, Distilled spirits, Spirits (beverages), Wine, Prepared alcoholic beverages, cider, liquors, Alcoholic beverages, hot alcoholic beverages
Organisation and management of business incentive and loyalty schemes
Organisation, operation and supervision of customer loyalty schemes
Organisation of customer loyalty programs for commercial, promotional or advertising purposes
Loyalty, incentive and bonus program services
Customer loyalty services for commercial, promotional and/or advertising purposes
Management of customer loyalty, incentive or promotional schemes
Administration of loyalty programs involving discounts or incentives
Sales promotion through customer loyalty programs
Organization, operation and supervision of sales and promotional incentive schemes
Conducting employee incentive award programs
Consumer response analysis
Event marketing
Commercial information and advice for consumers [consumer advice shop]
Providing consumer product information
Providing consumer product information via the Internet
Customer club services, for commercial, promotional and/or advertising purposes
Business assistance relating to franchising
Business advertising services relating to franchising
Business advice relating to franchising
Business management advisory services relating to franchising
Administrative support and data processing services
Analysis of advertising response and market research
Advertising, marketing and promotional consultancy, advisory and assistance services
Business process management and consulting
Human resources management
Marketing
Merchandising
Advisory services (Business -) relating to the establishment of franchises
Business consulting
Business consulting
Commercial information and advice for consumers in the choice of products and services
Business analysis
Market research and business information services
Planning of marketing strategies
Planning and conducting of trade fairs, exhibitions and presentations for economic or advertising purposes
Organisation and conducting of product presentations
Business assistance
Management and administration
Advisory services relating to sales promotion
Presentation of goods on communication media, for retail purposes
Advertising, marketing and promotional services
Distribution of advertising, marketing and promotional material
Product demonstrations and product display services
Trade show and commercial exhibition services
Public relations services
Administration of loyalty rewards programs featuring trading stamps
Book-keeping
Book-keeping and Auditing
Trade show and exhibition services
Arranging of demonstrations for advertising purposes
Targeted marketing
Internet marketing
Promotion and presentation of events via web events
Advertising on social networks
Automated advertising on the internet and social media
Online service for the marketing of business networks and franchises providing the compliance with corporate identity, rules governing franchising, optimisation of network marketing, facilitating work of users using application support for internal processes and efficiency based on reporting, data management for business networks
Online platform for linking business contacts
Intermediation of business contacts and execution of business operations
Providing an online market for both buyers and sellers of goods and services for others
Distribution of samples
Business administration services for processing sales made on the internet
Business strategy and planning services
Business management services relating to electronic commerce.