EUTM file information

018213126

Gateau

March 19, 2020

Trademark Summary

The trademark gateau was filed by Oy Karl Fazer Ab, a corporation established under the laws of the Republic of Finland (the "Applicant"). The application was published for oppositions on April 19, 2020, and received one opposition filed on July 14, 2020 by ALDI Einkauf SE & Co. oHG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 14, 2020

The application was filed in Finnish, and Finnish was also language of all opposition proceedings (English was selected as the second language).

Change of name and professional address of the trademark registration was recorded on May 18, 2020. Appointment and Replacement of representative of the trademark registration was recorded on March 29, 2023.

The Appeal with reference B R0052/2022-2 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on September 12, 2022 by the EUIPO. The Opposition with reference B 003126159 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 11, 2021 by the EUIPO.

Goods And Services

  • The mark was filed in class 29 with following description of goods:
    1. Meat, fish, poultry and game
    2. Meat extracts
    3. Meat substitutes
    4. Preserved, frozen, dried and cooked fruits, nuts and vegetables
    5. Seeds, prepared
    6. Jellies, jams, compotes, marmalade
    7. Eggs
    8. Milk, cheese, butter, yogurt and other milk products
    9. Milk-based beverages and milkshakes
    10. Dairy product substitutes
    11. Egg substitutes
    12. Oils and fats for food
    13. Nut-based snacks and spreads
    14. Prepared meals containing principally vegetables, vegetable-based meat substitutes, fish, poultry or game
    15. Prepared desserts, namely yoghurt desserts, fruit desserts, desserts made from milk products, artificial milk based desserts and soy-based desserts.
  • The mark was filed in class 30 with following description of goods:
    1. Coffee, tea, cocoa and artificial coffee
    2. Rice, pasta and noodles
    3. Tapioca and sago
    4. Flour and preparations made from cereals
    5. Bread, pastries, cakes and confectionery, pastilles, liquorice
    6. Chocolate
    7. Puddings
    8. Chewing gum
    9. Ice cream, sorbets and other edible ices
    10. Sugar, honey, treacle
    11. Yeast, baking-powder
    12. Salt, seasonings, spices, preserved herbs
    13. Vinegar, sauces and other condiments
    14. Ice (frozen water)
    15. Baking preparations
    16. Muesli
    17. Foodstuffs made from cereals
    18. Chips [cereal products]
    19. Chocolate-based beverages.
  • The mark was filed in class 43 with following description of goods:
    1. Services for providing food and drink
    2. Self-service restaurants
    3. Snack bars
    4. Food pickup services
    5. Café and cafeteria services
    6. Temporary accommodation.