The trademark MONSTER SUSHI was filed by Achtcode Financial Limited, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on November 5, 2020, and received one opposition filed on February 4, 2021 by Frito-Lay Trading Company GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BOMHARD IP, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 4, 2021
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on January 13, 2022.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Fish and meat products
Foods based on seaweed
Sashimi
Tempura
Sushi, mainly consisting of meat, fish or poultry
Meat products
Snacks based on fish, meat or poultry
Vegetable-based snack foods
Preserved frozen, dried and cooked fruits and vegetables
Fish and meat extracts
Eggs
Jellies, jams, compotes
Edible oils and fats
Asian delicacies, frozen products (foodstuff), ready made meals, frozen meals and ready made meals on the basis of meat, fish, poultry or game
Coconut products, namely snacks based on coconut
The above goods excluding chips, salted crackers, peanuts and pretzels, and none of the above goods being or relating to ready-to-eat savoury snack food.
The mark was filed in class 30 with following description of goods:
Rice
Rice preparations
Sushi, not included in other classes
Noodles
Farinaceous foods
Sugar
Tapioca
Sago
Flour and preparations made from cereals
Bread
Pastry and confectionery
Edible ices
Honey, treacle
Yeast, baking-powder
Salt, mustard
Vinegar
Sauces
Condiments
Prawn cracker
Chutneys
Pickles
Savoury snacks, Snack foods and snack food products, Asian delicacies, Deep-frozen products (foodstuffs), prepared meals, Ready meals and frozen meals based on rice
Tempura batter mix
The above goods excluding chips, salted crackers and pretzels, and none of the above goods being or relating to ready-to-eat savoury snack food.
The mark was filed in class 43 with following description of goods:
Services for providing food
Providing temporary accommodation
Providing restaurant and bar services
Catering industry services
Catering
Food catering
Preparing and serving of meals, salads, food, both for consumption on site or as takeaways
Consultancy and information regarding the aforesaid services, including via electronic networks, such as the Internet
The above services excluding those relating to chips, salted crackers, peanuts and pretzels,and to ready-to-eat savoury snack food.