The opposition was based on the word mark FERRERO (‘the earlier mark’), which is the subject of German registration No 956 671 for certain goods in Classes 5, 29, 30, 32 and 33, in particular, ‘chocolate, including filled chocolate products; chocolates, including those with filling made out of fruit, coffee, non-alcoholic beverages, wine and/or alcoholic beverages or with filling made out of milk and dairy products, in particular yoghurt; pastries of long durability and fine pastry, in particular ready-made cakes and wafers, sugar confectionery, spreads containing sugar, cocoa, praline, milk and/or fats; coffee and tea drinks, also with addition of alcoholic beverages; non-alcoholic beverages; all products also as dietetic food for children and/or the sick, or for medical purposes’.
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