The trademark Agapa La gastronomie adaptée was filed by VECTORA, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on April 27, 2020, and received one opposition filed on July 23, 2020 by AGAPES on Likelihood of confusion. the opponent was represented by SCAN AVOCATS and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 23, 2020
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 003126697 was refused according to Article 8(1)(b) EUTMR with decision issued on November 7, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 5 with Dietary supplements and dietetic preparations.
The mark was filed in class 29 with following description of goods:
Processed fruits, fungi, vegetables, nuts and pulses
Fish, seafood and molluscs, not live
Soups and stocks, meat extracts
Dairy products and dairy substitutes
Meat and meat products
Birds eggs and egg products
Chicken wings
Chilled foods consisting predominately of fish
Cottage cheese fritters
Chicken nuggets
Bisques
Beef bouillon
Broth [soup]
Meatballs
Bulgogi [Korean beef dish]
Prepared beef
Squid [prepared]
Chowder
Chicharron
Shish kabobs
Chile con queso
Chili con carne
Consommes
Fish croquettes
Dolmas
Prepared entrees consisting primarily of seafood
Prepared snails [escargot]
Falafel
Grilled fish fillets
Steamed egg hotchpotch
Frittatas
Galbi [grilled meat dish]
Gumbo
Guacamole [mashed avocado]
Steamed cakes of smashed fish and yam (hampen)
Steamed or toasted cakes of fish paste (kamaboko)
Shepherd's pie
Beans cooked in soy sauce (Kongjaban)
Pieces of chicken for use as a filling in sandwiches
Egg muffins
Omelettes
Cooked dish consisting primarily of stir-fried beef and fermented soy sauce (Sogalbi)
Cooked dish consisting primarily of fermented vegetable, pork and tofu (kimchi-jjigae)
Cooked dish consisting primarily of stir-fried chicken and fermented hot pepper paste (dak-galbi)
Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae)
Cooked dish consisting primarily of rich soybean paste and tofu (cheonggukjang-jjigae)
Frozen meals consisting primarily of chicken
Frozen meals consisting primarily of meat
Ready cooked meals consisting wholly or substantially wholly of poultry
Ready cooked meals consisting wholly or substantially wholly of game
Ready cooked meals consisting wholly or substantially wholly of meat
Prepared meals consisting primarily of kebab
Ready cooked meals consisting primarily of turkey
Ready cooked meals consisting primarily of chicken
Cooked meat dishes
Cooked meals consisting principally of fish
Cooked dish consisting primarily of chicken and ginseng (samgyetang)
Quick-frozen vegetable dishes
Frozen pre-packaged entrees consisting primarily of seafood
Pre-packaged dinners consisting primarily of seafood
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Prepared meals consisting principally of game
Prepared meals consisting principally of vegetables
Prepared meals consisting primarily of meat substitutes
Prepared meals containing [principally] eggs
Prepared meals consisting primarily of duck
Prepared meals consisting primarily of turkey
Prepared meals consisting substantially of seafood
Prepared meals containing [principally] bacon
Prepared meals containing [principally] chicken
Prepared meals consisting primarily of fish
Prepared dishes consisting principally of meat
Frozen prepared meals consisting principally of vegetables
Prepared meat dishes
Prepared meals made from meat [meat predominating]
Prepared meals made from poultry [poultry predominating]
Frozen meals consisting primarily of fish
Frozen meals consisting primarily of poultry
Frozen cooked fish
Fish with chips
Filled potato skins
Soups
Fried chicken
Grilled chicken (Yakitori)
Roast chicken
Teriyaki chicken
Beef stew
Pre-cooked curry stew
Stews
Casseroles [food]
Pre-packaged dinners consisting primarily of game
Caesar salad
Potato salad
Poultry salads
Antipasto salads
Vegetable salads
Legume salads
Prepared salads
Potato-based salads
Sashimi
Noodle soup
Miso soup
Matzo ball soup
Canned soups
Pre-cooked miso soup
Pre-cooked soup
Surimi
Tajine [prepared meat, fish or vegetable dish]
Beef tripe
Prepared meat.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Ice, ice creams, frozen yogurts and sorbets
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Prepared foodstuffs in the form of sauces
Prepared savory foodstuffs made from potato flour
Filled baguettes
Baozi [stuffed buns]
Pizza bases
Banana fritters
Pineapple fritters
Bibimbap [rice mixed with vegetables and beef]
Rice biscuits
Crackers flavoured with herbs
Crackers flavoured with spices
Crackers flavoured with meat
Crackers flavoured with vegetables
Crackers filled with cheese
Crackers flavoured with cheese
Crackers made of prepared cereals
Pellet-shaped rice crackers (arare)
Onion biscuits
Rice glue balls
Puffed cheese balls [corn snacks]
Rice dumplings
Rice dumplings dressed with sweet bean jam (ankoro)
Pretzels
Soft pretzels
Brioches
Burritos
Calzones
Canapes
Chalupas
Cheeseburgers [sandwiches]
Chimichanga
Prawn crackers
Corn chips
Seaweed flavoured corn chips
Vegetable flavoured corn chips
Pita chips
Rice crisps
Wonton chips
Tortilla chips
Crisps made of cereals
Wholewheat crisps
Chow mein
Chow mein [noodle-based dishes]
Rice crackers
Rice crusts
Crumble
Crepes
Pancakes
Green onion pancake [pajeon]
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Empanadas
Puffed corn snacks
Cheese flavored puffed corn snacks
Snack food products consisting of cereal products
Cereal snack foods flavoured with cheese
Snacks manufactured from muesli
Snack foods consisting principally of extruded cereals
Snack foods consisting principally of bread
Snack food products made from cereal starch
Snack foods made from wheat
Snack foods made of whole wheat
Extruded wheat snacks
Cereal-based snack food
Snack food products made from rusk flour
Snack food products made from cereal flour
Snack food products made from maize flour
Snack food products made from potato flour
Snack food products made from rice flour
Snack food products made from soya flour
Tortilla snacks
Snack foods prepared from maize
Snack foods made from corn and in the form of puffs
Snack foods made from corn and in the form of rings
Multigrain-based snack foods
Rice-based snack food
Cereal-based savoury snacks
Corn-based savoury snacks
Ready to eat savory snack foods made from maize meal formed by extrusion
Chocolate-based ready-to-eat food bars
Enchiladas
Fajitas
Flapjacks
Chips [cereal products]
Pizza crust
Fresh sausage rolls
Sausage rolls
Grain-based chips
Mung bean pancakes (bindaetteok)
Stir fried rice cake [topokki]
Savoury pancakes
Gimbap [Korean rice dish]
Corn kernels being toasted
Caramel coated popcorn with candied nuts
Chinese stuffed dumplings (gyoza, cooked)
Millet cakes
Rice cakes
Chocolate-coated rice cakes
Sticky rice cakes (Chapsalttock)
Korean traditional rice cake [injeolmi]
Buckwheat jelly (Memilmuk)
Hot dog sandwiches
Jiaozi [stuffed dumplings]
Kimchi pannenkoeken
Lasagne
Macaroni with cheese
Fried corn
Corn, roasted
Popcorn
Processed unpopped popcorn
Nachos
Stir-fried noodles with vegetables (Japchae)
Okonomiyaki [Japanese savoury pancakes]
Paella
Filled bread rolls
French toast
Glutinous pounded rice cake coated with bean powder (injeolmi)
Flaky pastry containing ham
Frozen pastry stuffed with meat and vegetables
Pasta containing stuffings
Canned pasta foods
Pre-baked pizzas crusts
Pastries consisting of vegetables and poultry
Egg rolls
Pork pies
Meat pies
Bean jam buns
Steamed buns stuffed with minced meat (niku-manjuh)
Steamed buns stuffed with red bean paste
Pizzas
Preserved pizzas
Fresh pizza
Uncooked pizzas
Pizzas [prepared]
Chilled pizzas
Frozen pizzas
Frozen meals consisting primarily of pasta
Frozen meals consisting primarily of rice
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Dry and liquid ready-to-serve meals, mainly consisting of rice
Pasta dishes
Prepared rice dishes
Freeze-dried dishes with the main ingredient being rice
Freeze-dried dishes with the main ingredient being pasta
Rice based dishes
Pastries consisting of vegetables and meat
Pastries consisting of vegetables and fish
Frozen pastry stuffed with vegetables
Frozen pastry stuffed with meat
Savory pastries
Oat clusters containing dried fruit
Prepared meals containing [principally] rice
Prepared meals containing [principally] pasta
Meals consisting primarily of pasta
Meals consisting primarily of rice
Prepared meals in the form of pizzas
Prepared pizza meals
Flavoured popcorn
Caramel coated popcorn
Candy coated popcorn
Microwave popcorn
Pumpkin porridge (Hobak-juk)
Quesadillas
Quiches
Ramen [Japanese noodle-based dish]
Ravioli
Ravioli [prepared]
Shrimp dumplings
Boxed lunches consisting of rice, with added meat, fish or vegetables
Noodle-based prepared meals
Pasta-based prepared meals
Rice-based prepared meals
Risotto
Sweet rice with nuts and jujubes (yaksik)
Glutinous rice wrapped in bamboo leaves (Zongzi)
Prepared rice rolled in seaweed
Toasted cheese sandwich with ham
Toasted cheese sandwich
Sandwiches containing salad
Stir-fried rice
Spring rolls
Macaroni salad
Pasta salad
Rice salad
Samosas
Sandwiches
Sandwiches containing minced beef
Sandwiches containing fish
Sandwiches containing meat
Sandwiches containing fish fillet
Frankfurter sandwiches
Turkey sandwiches
Sandwiches containing chicken
Toasted sandwiches
Hot sausage and ketchup in cut open bread rolls
Senbei [rice crackers]
Chinese steamed dumplings (shumai, cooked)
Cheese curls [snacks]
Canned spaghetti in tomato sauce
Spaghetti and meatballs
Hamburgers being cooked and contained in a bread roll
Chicken pies
Vegetable pies
Pies containing meat
Pies containing poultry
Pies containing vegetables
Pies containing game
Pies containing fish
Pot pies
Fresh pies
Pies [sweet or savoury]
Meat pies [prepared]
Wontons
Hamburgers contained in bread rolls
Chocolate-based meal replacement bars
Cereal-based meal replacement bars
Sushi
Tabbouleh
Tacos
Tamales
Mincemeat pies
Egg pies
Tortillas
Taco chips
Pies
Poultry and game meat pies
Wraps [sandwich]
Chicken wraps.
The mark was filed in class 32 with Soft drinks and Non-alcoholic preparations for making beverages..