The trademark VEGE STORY was filed by TARCZYŃSKI S.A., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on April 8, 2020, and received one opposition filed on May 27, 2020 by TOPAS GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MAS & P: MIESS ALTHERR SIBINGER UND PARTNER RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 27, 2020
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R1977/2021-5 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on May 9, 2022 by the EUIPO. The Opposition with reference B 003122634 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on September 28, 2021 by the EUIPO. The null with reference B T-434/22 was Decision confirmed according to Article 8(1)(b) EUTMR with decision issued on July 25, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Vegetarian cabanos
Vegetarian charcuterie
Meat substitutes
Formed textured vegetable protein for use as a meat substitute
Vegetarian sausages
Vegetable pate
Prepared meals consisting primarily of meat substitutes
Poultry substitutes
Nut-based snack foods
Soy-based snack foods
Tofu-based snacks
Vegetable-based snack foods
Vegetable-based entrees
Mousses (Vegetable -)
Vegetable salads
Hummus [chickpea paste]
Tofu
Soy burger patties
Vegetable burgers
Prepared vegetable products
Soy burger patties
Tofu burger patties
Frozen prepared meals consisting principally of vegetables
Vegetable-based meat substitutes
Frozen vegetables
Canned sliced vegetables
Soup concentrates
Stock cubes
Mixes for making soup
Soup pastes
Stock
Vegetable stock
Soups
Fatty substances for the manufacture of edible fats
Edible fats
Blended oil [for food]
Oils for food
Milk-based snacks
Cheese-based snack foods
Legume salads
Processed Pulses
Preserved pulses
Dried pulses
Canned pulses
Legume-based spreads
Vegetable oils for food
Vegetable fats for food
Salted vegetables
Cut vegetables
Processed fruits, mushrooms and vegetables, including nuts and pulses
Processed vegetables
Vegetable pastes
Prepared vegetable dishes
Prepared meals consisting principally of vegetables.
The mark was filed in class 30 with following description of goods:
Filled baguettes
Filled bread rolls
Sandwiches
Chips [cereal products], Wraps [sandwich]
Pâtés en croûte
Vegetable pies
Pancakes
Crackers flavoured with vegetables
Puddings
Ravioli
Pizza
Calzones
Lasagne
Pasta containing stuffings
Pasta containing stuffings
Filled yeast dough with fillings consisting of vegetables
Frozen pastry stuffed with vegetables
Soft pretzels
Dry and liquid ready-to-serve meals, mainly consisting of rice