The trademark GreenChef was filed by HelloFresh SE, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 13, 2020, and received one opposition filed on December 2, 2020 by The Cookware Company Global Sourcing Limited on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by DE CLERCQ & PARTNERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 2, 2020
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and address of the trademark registration was recorded on November 9, 2021. Appointment and Replacement of representative of the trademark registration was recorded on May 7, 2023.
Goods And Services
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Bookbinding material
Photographs
Adhesives for stationery or household purposes
Teaching materials (except apparatus)
Plastic sheets, films and bags for wrapping and packaging
Printing types and blocks
Decoration and art materials and media
Gift wrapping paper
Paper garlands
Paper decorations for parties
Writing or drawing books
Tablecloths of paper
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Rubbish bags
Cardboard household storage boxes
Cartons of cardboard for packaging
Containers of card for packaging
Bags made of plastics for packaging
Bags made of paper for packaging
Paper containers for take-away food
Plastic shopping bags
Shopping bags made of paper
Packaging materials made of cardboard
Ice cube bags
Bottle wrappers of paper or cardboard
Plastic film for wrapping
Food wrapping plastic film for household use
Paper lunch bags
Freezer bags
Padded bags of paper
Paper gift tags
Paper gift cartons
Gift bags
Plastic food storage bags for household use
Food wrappers
Bubble packs (Plastic -) for wrapping or packaging
Paper cartons for delivering goods
Pens
Pencils
Ball pens
Manuals for instructional purposes
Printed materials for cookery courses
Scrapbooks
Calendars
Stickers (stationery)
Printed advertising boards of cardboard
Pamphlets
Flyers
Books
Cookery books
Coupon books
Printed coupons
Gift token cards
Discount coupons
Periodicals
Catalogues
Posters
Menu cards
Printed recipes
Recipe binders
Parchment paper
Document folders (stationery)
Note pads
Notebooks
Signboards of paper or cardboard
Disposable paper products, namely, paper napkins, paper cartons for delivering goods, paper bags for merchandise packaging, paper roll stock for packaging food
Kitchen rolls (paper)
Paper doilies
Paper hand towels
Table napkins of paper
Place cards
Coasters of paper and cardboard.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Fish and seafood spreads, fruit and vegetable spreads
Processed fruits, fungi and vegetables (including nuts and pulses)
Olive oil
Rapeseed oil
Potato chips
Soups
Broths
Soup cubes
Instant soup
Nut-based snack foods
Fruit-based snack food
Snack foods based on vegetables
Meat-based snack foods
Tofu-based snacks
Pre-assembled and/or pre-portioned combinations of the aforesaid goods, enabling meals to be cooked according to specific recipes (including enclosed recipes).
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Edible ices
Sugar, honey, treacle
Yeast, baking-powder
Salt
Mustard
Vinegar, savoury sauces
Spices
Ice
Processed cereal and starches for foodstuffs and goods made therefrom, baking preparations
Pizzas
Snacks made of cereals, rice or corn
Noodles
Ready-made dishes containing pasta
Noodle-based prepared meals
Dumplings
Doughs, batters, and mixes therefor
Popcorn
Quiches
Sandwiches
Snacks made of, sesame, pasta, desserts and/or confectionery
Ready meals based on cereals, sesame, rice, pasta, desserts and/or confectionery
Cereals
Muesli
Sushi
Farinaceous food pastes
Farinaceous foods
Marinades
Condiments
Savory sauces, chutneys and pastes
Ready-made sauces
Tomato ketchup (sauces)
Mayonnaise
Sauces for pizzas
Pasta sauces
Dressings for salad
Desserts
Bakery goods
Sweetmeats (candy)
Bread
Crackers
Dried cakes
Cakes
Tarts
Cookies
Confectionery
Chocolate bars
Bubble gum
Muesli bars
Chocolates
Honey
Sweeteners (Natural -)
Syrup for food
Molasses for food
Icings
Frostings
Marzipan
Ice cream
Frozen yogurt (confectionery ices)
Sherbets (sorbets)
Tea-based beverages
Coffee-based beverages
Cocoa-based beverages
Tea bags (other than for medicinal use)
Pre-assembled and/or pre-portioned combinations of the aforesaid goods, enabling meals to be cooked according to specific recipes (including enclosed recipes).
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Live animals
Fresh fruits and vegetables, herbs (fresh)
Natural plants and flowers
Malt
Raw and unprocessed grains and seeds
Onions (fresh), seedlings and grains (seeds) in the form of propagation material
Fungi (fresh)
Nuts (fruits)
Potatoes, fresh
Flowers
Pre-assembled and/or pre-portioned combinations of the aforesaid goods, enabling meals to be cooked according to specific recipes (including enclosed recipes)
None of the aforesaid goods include or relate to foodstuffs and beverages for animals.
The mark was filed in class 32 with following description of goods:
Beers
Brewery products
Mineral water (beverages)
Aerated water
Non-alcoholic beverages
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages
Smoothies
Lemonades
Pre-assembled and/or pre-portioned combinations of the aforesaid goods, enabling meals to be cooked according to specific recipes (including enclosed recipes).
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Spirits (beverages)
Liqueurs
Wine
Sparkling wines
Cider
Pre-mixed alcoholic beverages, other than beer-based
Cocktails
Pre-assembled and/or pre-portioned combinations of the aforesaid goods, enabling meals to be cooked according to specific recipes (including enclosed recipes).
The mark was filed in class 35 with following description of goods:
Retailing of and arranging of meal kits including kits enabling meals to be cooked according to specific recipes (including enclosed recipes)
Retailing of and arranging of assortments of goods, namely meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts (fruits), eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, including nuts (fruits) and pulses, jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers), including in pre-portioned form including for enabling meals to be cooked according to specific recipes (including enclosed recipes), the aforesaid services being provided electronically, online, in fixed locations and/or by means of vending machines
Retailing of goods, namely meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts (fruits), eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, including nuts (fruits) and pulses, jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beer, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers), including in pre-portioned form including for enabling meals to be cooked according to specific recipes (including enclosed recipes), the aforesaid services being provided electronically, online, in fixed locations and/or by means of vending machines
The bringing together, for the benefit of others, of goods, namely meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts (fruits), eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, including nuts (fruits) and pulses, jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beer, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers), including in pre-portioned form including for enabling meals to be cooked according to specific recipes, including enclosed recipes, and including in the form of subscriptions, enabling customers to conveniently view and purchase the abovementioned goods from a general merchandise Internet website, a retail store, or by means of telecommunications
Provision of ordering services of goods, namely meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts (fruits), eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, including nuts (fruits) and pulses, jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers), including in pre-portioned form including for enabling meals to be cooked according to specific recipes (including enclosed recipes)
Event marketing, in particular for cookery, kitchen und tasting events
Advertising
Business management
Business administration
Office functions
Marketing services
Sales promotion
Product demonstrations and product display services
Presentation of goods on communication media, for retail purposes
Sales promotion for others
Negotiation and conclusion of commercial transactions for third parties
Procurement of contracts (for others)
Administrative processing of purchase orders
Customer loyalty services for sales promotion and/or advertising purposes
Rental of vending machines
Retailing and wholesaling in relation to foodstuffs, dietary supplements, baked goods, ready meals, meals, beverages and preparations for making beverages, printed matter, software, cookbooks, recipes, kitchen tools, bags and household textile articles
On-line ordering services in the field of restaurant take-out and delivery
Outsourcing services in the nature of arranging procurement of goods for others
Provision of an online marketplace for buyers and sellers of goods and services
Coupon procurement services for others
Provision of commercial online information via a database or the Internet
Compilation and systemisation of commercial information in databases
The bringing together, for the benefit of others, of a variety of services, namely transport services, delivery services, education, services for providing food and drink, personal chef services, health advice and information services, nutritional and dietetic consultancy, enabling consumers to conveniently compare and purchase those services
The bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), namely of computer software, printed matter, bags, clothing and clothing accessories, household textiles, meals, ready meals, foodstuffs, beverages and preparations for making beverages, to enable customers to conveniently view and purchase those goods
All the above services not in relation to goods of class 21 namely statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, unworked and semi-worked glass, not specified for use, gardening articles, household utensils for cleaning, brushes and brush-making materials, tableware, cookware and containers, cosmetic, hygiene and beauty care utensils, articles for animals, articles for the care of clothing and footwear, bathroom fittings.
The mark was filed in class 39 with following description of goods:
Delivery of meal kits including kits enabling meals to be cooked according to specific recipes (including enclosed recipes)
Delivery of goods, including but not limited to meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts (fruits), eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, including nuts (fruits) and pulses, jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers), including in pre-portioned form including for enabling meals to be cooked according to specific recipes (including enclosed recipes)
Transport
Packaging, storage and delivery of goods
Travel arrangement
Transportation and delivery of goods
Motor vehicle transport services
Arrangement of transportation
Distribution services
Information services relating to the transportation of goods
Delivery of foodstuffs, beverages and prepared meals (not for immediate consumption)
Refrigerated transport of cold goods
Delivery of hampers containing food and drink
Distribution (transport) of retail goods
Loading and unloading of vehicles
Wrapping of goods
Refrigerated storage of goods
Food storage services
Storage of domestic appliances
Packing of food
Packaging of prepared meals
Transport brokerage
Storage information
Delivery of foodstuffs and prepared dishes
Tracking and tracing of shipments (transport information)
Filling of machines and containers
Replenishment of vending machines
Refrigerator rental
Rental of refrigerated storage
Provision of frozen storage facilities
Rental of refrigerator-freezers for household purposes
Rental of freezers for commercial use.
The mark was filed in class 41 with following description of goods:
Writing of recipes and cooking instructions, including those for cooking using individually compiled combinations of foodstuffs
Publication of recipes and cooking instructions, including those for cooking using individually compiled combinations of foodstuffs, including electronically and/or online
Education
Providing of training
Publishing services
Providing on-line electronic publications, not downloadable
Providing of recipes (non-downloadable electronic publications)
Publication of books
Publication of cookery books
Publication of magazines
Publication of printed matter
Publication of multimedia material online
Arranging of lectures
Writing of texts, including cooking instructions and recipes, other than publicity texts
Organisation of conferences, exhibitions and competitions
Arranging and conducting of cookery courses
Conducting of correspondence courses relating to cookery
Education services relating to cooking
Education services relating to nutrition
Conducting training courses relating to nutrition online
Provision of educational courses in the field of diet and health care
Provision of educational services relating to diet
Offering classes and courses in relation to cooking, cuisine, eating and drinking experiences.
The mark was filed in class 43 with following description of goods:
Services of providing food and drink, including but not limited to meal kits including kits enabling meals to be cooked according to specific recipes (including enclosed recipes), meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts (fruits), eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, including nuts (fruits) and pulses, jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beer, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers), including in pre-portioned form including for enabling meals to be cooked according to specific recipes (including enclosed recipes) and by means of vending machines
Personal chef services
Cookery advice
Advice concerning cooking recipes
Providing of online consultancy and information in relation to recipes, foodstuffs and beverages, and in relation to recommendations for wines with meals
Providing information in the field of recipes and cooking from a computer database
Rental of furniture, linens and table settings
Consultancy services in relation to the preparation of meals and drink
Consultancy services relating to food
Providing personalized meal planning services via a website
Providing food and drink in restaurants and bars
Making reservations and bookings for restaurants and meals
Reservation services for booking meals
Services for the preparation of food and drink
Hospitality services (food and drink)
Food preparation services
Providing food and drink by means of automatic dispensing machines
Services for providing food and drink, including for take-away
Take-out restaurant services
Contract food services
Preparation and provision of food and drink for immediate consumption
Supplying of meals for immediate consumption
Catering for the provision of food and beverages
Rental of cooking apparatus
Rental of non-electric cooking heaters
Rental of cooking equipment for industrial purposes
Rental of apparatus for heating meals
Rental of apparatus for keeping meals warm
Rental of kitchen utensils
Offering services to enable individual cooking, cuisine, eating and drinking experiences
Service of providing food and drink, in a customised manner, including but not limited to meat, fish, poultry and game, seafood and shellfish, meat substitutes, meat substitute products, ready meals consisting predominantly of meat, fish, poultry, game, seafood, potatoes, dairy products and substitutes therefor, nuts (fruits), eggs, broth and/or vegetables, meat extracts, soups and stocks, preserved, frozen, dried and cooked fruits and vegetables, including nuts (fruits) and pulses, jellies, jams, compotes, eggs, milk and milk products, dairy products and substitutes therefor, soya milk, edible oils and fats, ready meals and spicy snacks, sandwiches, snack products consisting of cereals, rice or corn, coffee, tea, cocoa and artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate and desserts, edible ices, frozen yoghurts, sorbets, sugar, natural sweeteners, sweet coatings and fillings, and bee products for culinary purposes, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces (condiments), spices, flavourings for beverages, ice, raw and unprocessed agricultural, horticultural, aquacultural and forestry products, processed grains and starches for food, and goods made therefrom, baking preparations and yeasts, live animals, fresh fruits and vegetables, fresh herbs, natural plants and flowers, foodstuffs and beverages for animals, malt, raw and unprocessed grains and seeds, bulbs, seedlings and seeds for planting, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups and other preparations for making beverages, alcoholic beverages (except beers), including in pre-portioned form including for enabling meals to be cooked according to specific recipes (including enclosed recipes).
The mark was filed in class 45 with following description of goods: