The trademark FUTURE SEAFOOD was filed by FUTURE SEAFOOD (EUROPE), a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on April 3, 2019, and received one opposition filed on July 2, 2019 by Future Seafood, LLC on (a) Art. 8(4), (b) Identity of marks and Goods and Services, (c) Likelihood of confusion, (d) Unfair advantage and detriment to distinctiveness or repute, (e) Mark was filed without authorisation of proprietor. the opponent was represented by WYNNE-JONES IP LIMITED and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 2, 2019
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003088005 was rejected according to Article 8(1)(a) EUTMR with decision issued on July 1, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Fish, not live
Fish, preserved
Salted fish
Fish fillets
Sardines, not live
Tuna, not live
Anchovy, not live
Caviar
Shellfish, not live
Shrimps, not live
Crustaceans, not live
Crayfish, not live
Seaweed extracts for food
Fish meal for human consumption
Herrings, not live
Lobsters, not live
Oysters, not live
Spiny lobsters, not live
Mussels, not live
Fish mousses
Fish roe, prepared
Clams, not live.
The mark was filed in class 35 with following description of goods:
Retail services in relation to surimi
Wholesale services in relation to surimi
Retail services in relation to fish, not live
Wholesale services in relation to fish, not live
Retail services in relation to fish, preserved
Wholesale services in relation to fish, preserved
Retail services in relation to frozen fish
Wholesale services in relation to frozen fish
Retail services in relation to boiled and dried fish
Wholesale services in relation to boiled and dried fish
Retail services in relation to fish roe, prepared
Wholesale services in relation to fish roe, prepared
Retail services in relation to fish mousses
Wholesale services in relation to fish mousses
Retail services in relation to spiny lobsters
Wholesale services in relation to spiny lobsters
Retail services in relation to lobsters, not live
Wholesale services in relation to lobsters, not live
Retail services in relation to seafood [not live]
Wholesale services in relation to seafood [not live]
Retail services in relation to fish extracts
Wholesale services in relation to fish extracts
Retail services in relation to crustaceans, not live
Wholesale services in relation to crustaceans, not live
Retail services in relation to fish croquettes
Wholesale services in relation to fish croquettes
Retail services in relation to dried prawns
Wholesale services in relation to dried prawns
Retail services in relation to shelled prawns
Wholesale services in relation to shelled prawns
Retail services in relation to crab
Wholesale services in relation to crab
Retail services in relation to dried fish meat
Wholesale services in relation to dried fish meat
Retail services in relation to crab meat
Wholesale services in relation to crab meat
Retail services in relation to squid [prepared]
Wholesale services in relation to squid [prepared]
Retail services in relation to dried squid
Wholesale services in relation to dried squid
Retail services in relation to fish balls
Wholesale services in relation to fish balls
Retail services in relation to crab cakes
Wholesale services in relation to crab cakes
Retail services in relation to fish, seafood and molluscs, not live
Wholesale services in relation to fish, seafood and molluscs, not live
Retail services in relation to salted fish
Wholesale services in relation to salted fish
Retail services in relation to fish fillets
Wholesale services in relation to fish fillets
Retail services in relation to sardines, not live
Wholesale services in relation to sardines, not live
Retail services in relation to tuna, not live
Wholesale services in relation to tuna, not live
Retail services in relation to anchovy, not live
Wholesale services in relation to anchovy, not live
Retail services in relation to caviar
Wholesale services in relation to caviar
Retail services in relation to shellfish, not live
Wholesale services in relation to shellfish, not live
Retail services in relation to shrimps, not live
Wholesale services in relation to shrimps, not live
Retail services in relation to crayfish, not live
Wholesale services in relation to crayfish, not live
Retail services in relation to seaweed extracts for food
Wholesale services in relation to seaweed extracts for food
Retail services in relation to fish meal for human consumption
Wholesale services in relation to fish meal for human consumption
Retail services in relation to herrings, not live
Wholesale services in relation to herrings, not live
Retail services in relation to oysters, not live
Wholesale services in relation to oysters, not live
Retail services in relation to spiny lobsters, not live
Wholesale services in relation to spiny lobsters, not live
Retail services in relation to mussels, not live
Wholesale services in relation to mussels, not live
Retail services in relation to clams, not live
Wholesale services in relation to clams, not live.