The trademark THELIKATESY was filed by Thelikatesy spółka z ograniczoną odpowiedzialnością Farma Smaków spółka komandytowa, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on February 11, 2020, and received one opposition filed on March 26, 2020 by Farma Smaków Agnieszka Dudek on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Miszczak, Olga and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 26, 2020
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 13, 2024. A transfer of the trademark registration was recorded on July 1, 2024.
The Appeal with reference B R2196/2023-1 was Application allowed according to Article 68(1) EUTMR with decision issued on April 24, 2024 by the EUIPO. The Opposition with reference B 003114954 was rejected according to Article 8(1)(a) EUTMR with decision issued on September 3, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Retail services relating to delicatessen products
Business management for shops
Shop window dressing
Retail shop window display arrangement services
Administration of the business affairs of retail stores
Unmanned retail store services relating to drink
Unmanned retail store services relating to food
Online retail store services relating to cosmetic and beauty products
Advertising services to promote public awareness of the benefits of shopping locally
Sales administration
Providing consumer information relating to goods and services
Information about sales methods
Commercial information and advice for consumers in the choice of products and services
Consulting in sales techniques and sales programmes
Sales management services
Retail services relating to bakery products
Retail services relating to food
Retail services relating to alcoholic beverages
Retail services relating to food preparation implements
Retail services connected with the sale of subscription boxes containing chocolates
Retail services connected with the sale of subscription boxes containing beers
Retail services connected with the sale of subscription boxes containing food
Retail services in relation to cocoa
Retail services in relation to teas
Retail services in relation to coffee
Retail services in relation to alcoholic beverages (except beer)
Retail services in relation to foodstuffs
Retail services in relation to meats
Retail services in relation to non-alcoholic beverages
Retail services in relation to beer
Retail services in relation to tobacco
Retail services in relation to chocolate
Retail services in relation to ice creams
Retail services in relation to baked goods
Retail services in relation to confectionery
Retail services in relation to dairy products
Retail services in relation to seafood
Retail services in relation to desserts
Retail services relating to candy
Retail services relating to fruit
Wholesale services in relation to meats.
The mark was filed in class 42 with following description of goods:
Design of interior decor for shops
Shop interior design
Design services relating to shop displays
Shopfitting design consultancy services.
The mark was filed in class 43 with following description of goods:
Food and drink catering
Tapas bars
Salad bars
Snack-bar services
Cake decorating
Decorating of food
Providing of food and drink via a mobile truck
Tea rooms
Café services
Contract food services
Providing food and drink for guests
Providing food and drink for guests in restaurants
Providing food and drink in bistros
Providing food and drink in restaurants and bars
Preparation and provision of food and drink for immediate consumption
Preparation of meals
Food preparation for others on an outsourcing basis