The trademark MILKA was filed by Kraft Foods Schweiz Holding GmbH, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on February 3, 2022, and received one opposition filed on May 2, 2022 by Hochwald Foods GmbH on Likelihood of confusion. the opponent was represented by JONAS RECHTSANWALTSGESELLSCHAFT MBH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 2, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on February 25, 2024.
Goods And Services
The mark was filed in class 29 with following description of goods:
Dried, preserved, cooked and stewed fruits
Jellies
Jams
Marmalade
Cocoa butter
Dairy products, dairy spreads, dairy desserts and chilled dairy desserts, including crèmes [dairy products], yoghurt and yoghurt products, including yoghurt-based beverages, sweetened soft cheese, cottage cheese, all coated in or containing chocolate, cocoa or chocolate flavour
Milk and milk products, powdered milk, desserts and preparations for making desserts made from milk products, all coated in or containing chocolate, cocoa or chocolate flavour
Milk shakes, creams, whipped cream, cream puddings, beverages consisting primarily of milk, milk-based beverages, creamers for beverages, all containing chocolate, cocoa or chocolate flavour
Yoghurt and yoghurt-based beverages made from milk substitutes
Desserts made from milk substitutes
Beverages made from milk substitutes
Snacks based on potato, vegetable or fruits
Roasted, dried, salted and seasoned nuts
Hazelnut spreads
Fruit spreads
Nut-based spreads.
The mark was filed in class 30 with following description of goods:
Cocoa
Chocolate
Tea
Coffee
Cocoa beverages, chocolate beverages, chocolate-based beverages, tea-based beverages, coffee-based beverages and preparations for making these beverages
Bread and bakery products
Sugar and sweeteners
Pastry
Biscuits
Cookies
Brownies
Cheesecakes
Cakes
Waffles
Wafers
Confectionery products in particular sugar confectionery and chocolate confectionery
Chocolate spreads
Chocolate sauces
Chocolate syrups
Flavouring syrups
Frozen and chilled confectionery
Ice cream
Desserts
Frozen desserts
Frozen cakes
Frozen pastry
Frozen preparations for baking
Frozen yoghurt
Chilled desserts
Dough products
Preparations made from cereals
Preparations for baking
Breakfast cereal
Ice creams
Sherbets
Ice cream cones
Puddings
Mousses
Snack products in the form of popcorn and corn crisps
Popcorn
Snack products based on corn, rice, barley, rye or pastry
All the aforementioned also in the form of gluten-free goods.