The trademark Oba! Cafe was filed by Oba Cafe GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 2, 2020, and received one opposition filed on February 23, 2020 by Rücker GmbH on Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 23, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 11 with following description of goods:
Roasters (Coffee -)
Coffee machines
Coffee bean roasting machines
Coffee makers, electric
Electric coffee pots
Electrical coffee pots
Percolators (Coffee -), electric
Electric coffee machines
Expresso coffee machines
Coffee roasting machines
Coffee roasting ovens
Electric coffee roasters
Filters (Coffee -), electric
Coffee filters, electric
Electric coffee filters
Coffeepots, electric
Coffee roasters.
The mark was filed in class 21 with following description of goods:
Coffee grinders
Non electric coffee pots not of precious metal
Non-electric coffee servers of precious metal
Coffee services in the nature of tableware
Non-electric plunger style coffee makers
Plunger-style coffee makers, non-electric
Coffee grinders, hand-operated
Coffee filters, non-electric
Coffee percolators, non-electric
Coffee makers, non-electric
Non-electric coffee frothers
Non-electric coffee pots
Coffee brewers (Non-electric -)
Coffee mills (Hand operated -)
Hand-operated coffee grinders
Percolators (Coffee -), non-electric
Non-electric coffee percolators
Non-electric coffee drippers for brewing coffee
Coffeepots, non-electric
Coffee services [tableware]
Vacuum coffee makers
Refillable coffee capsules
Coffee pots
Coffee scoops
Coffee mugs
Coffee cups
Coffee stirrers.
The mark was filed in class 30 with following description of goods:
Coffee
Coffee drinks
Coffee beverages
Coffee mixtures
Coffee concentrates
Malt coffee
Coffee beans
Flavoured coffee
Chocolate coffee
Coffee oils
Coffee (Unroasted -)
Coffee (Artificial -)
Coffee extracts
Iced coffee
Decaffeinated coffee
Ground coffee
Instant coffee
Chicory and chicory mixtures, all for use as substitutes for coffee
Roasted barley and malt for use as substitute for coffee
Preparations of chicory for use as a substitute for coffee
Filters in the form of paper bags filled with coffee
Extracts of coffee for use as flavours in beverages
Extracts of coffee for use as flavours in foodstuffs
Mixtures of chicory for use as substitutes for coffee
Chicory mixtures, all for use as substitutes for coffee
Aerated drinks [with coffee, cocoa or chocolate base]
Aerated beverages [with coffee, cocoa or chocolate base]
Chicory extracts for use as substitutes for coffee
Chicory mixtures for use as substitutes for coffee
Mixtures of chicory for use as coffee substitutes
Vegetal preparations for use as coffee substitutes
Coffee substitutes [artificial coffee or vegetable preparations for use as coffee]
Mixtures of malt coffee extracts with coffee
Chicory [coffee substitute]
Coffee-based beverages
Prepared coffee beverages
Caffeine-free coffee
Coffee capsules, filled
Ground coffee beans
Coffee based fillings
Mixtures of malt coffee with coffee
Prepared coffee and coffee-based beverages
Coffee flavorings [flavourings]
Roasted coffee beans
Freeze-dried coffee
Drip bag coffee
Coffee based drinks
Beverages (Coffee-based -)
Coffee based beverages
Mixtures of coffee
Malt coffee extracts
Coffee flavorings
Unroasted coffee
Coffee flavourings
Artificial coffee
Coffee capsules
Coffee pods
Coffee bags
Coffee essences
Coffee essence
Coffee substitutes
Substitutes (Coffee -).
The mark was filed in class 35 with Retail services relating to food, except in relation to milk, milk products, namely butter, cheese, cheese preparations, quark, yoghurt, kefir, mixed milk beverages, (milk predominating) and with non-alcoholic components, powdered milk for food.
The mark was filed in class 43 with following description of goods: