The trademark ROASTCLUB was filed by GCS German Capsule Solution GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 21, 2020, and received one opposition filed on September 17, 2020 by ZAGO, IKER on Likelihood of confusion. the opponent was represented by MARCH & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 17, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on September 17, 2020. Appointment and Replacement of representative of the trademark registration was recorded on October 7, 2020. A transfer of the trademark registration was recorded on June 6, 2023.
The Appeal with reference B R0513/2022-1 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on January 18, 2023 by the EUIPO. The Appeal with reference B R0470/2022-1 was Application partially rejected according to Article 8(1)(b) EUTMR with decision issued on January 18, 2023 by the EUIPO. The Opposition with reference B 003131200 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 27, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 1 with following description of goods:
Flavour improvers for foodstuffs
Flavour improvers for beverages
Flavour improvers for coffee
Flavour improvers for tea
Flavour improvers for cocoa
Scale removing preparations for industrial purposes.
The mark was filed in class 3 with following description of goods:
Furbishing preparations
Cleaning fluids
Descaling preparations for household purposes
Descaling preparations for coffee, tea and cocoa making machines
Cleaning preparations for coffee, tea and cocoa making machines
Cleaning preparations in single doses, in particular packaged in capsules or pads, for coffee, tea and cocoa making machines
Descaling preparations in single doses, in particular packaged in capsules or pads, for coffee, tea and cocoa making machines
Flavour improvers for food [essential oils]
Flavour improvers for beverages [essential oils].
The mark was filed in class 7 with following description of goods:
Electric milk frothers
Electric agitators
Electric food blenders
Food whisks (Electric -)
Coffee grinders, other than hand-operated
Power-operated coffee grinders.
The mark was filed in class 8 with following description of goods:
Cutlery
Spoons
Knives
Forks.
The mark was filed in class 11 with following description of goods:
Electric coffee filters
Electric coffeepots
Electric coffee percolators
Electric espresso machines
Electric coffee beverage making apparatus
Fully automatic electric coffee machines
Electrical coffee, tea and cocoa making machines for preparing coffee, tea, cocoa, milk or milk powder or beverage powders containing coffee, tea or cocoa, which are packaged in individual portions, in particular in capsule or pad form
Electric coffee roasters, Electric coffee roasters
Electrical coffee, tea and cocoa making machines for preparing coffee, tea, cocoa, milk or milk powder or beverage powders containing coffee, tea or cocoa, which are packaged in individual portions, in particular in capsule or pad form
Parts and fittings for all of the aforesaid goods
Coffee capsule adapters
Water filters
Water filtering units, water filtering apparatus
Of water softening apparatus
Apparatus for making foam while heating milk
Electric milk coolers
Electric milk warmers.
The mark was filed in class 21 with following description of goods:
Plates
Glass tableware
Porcelain ware
Tumblers
Glasses [drinking vessels]
Dosing spoons
Shakers
Mixing cups
Containers for household or kitchen use
Drinking bottles
Drinking vessels
Insulating flasks
Insulated mugs for beverages
Insulated coffee mugs
Mugs to-go
Coffee grinders, hand-operated
Non electric coffee filters
Coffee filters not of paper.
The mark was filed in class 29 with following description of goods:
Milk
Milk products
Dried milk
Coffee whiteners for beverages
Milk powder in single doses, in particular packaged in capsules or pads.
The mark was filed in class 35 with Wholesaling and retailing, including via the internet, relating to cleaning preparations, Liquids for cleaning purposes, scale removing preparations for household purposes, Descaling preparations for coffee, tea and cocoa making machines, cleaning preparations for coffee, tea and cocoa making machines, In single doses, In particular in capsules or pads, Packaged cleaning preparations for coffee, tea and cocoa making machines, In single doses, In particular in capsules or pads, Packaged descaling preparations for coffee, tea and cocoa making machines, Flavour improvers for food [essential oils], Flavour improvers for beverages [essential oils], Electric milk frothers, Electric stirrers, Electric blenders for food, Electric food whisks, Coffee grinders, other than hand-operated, electrical coffee grinders, Table cutlery (knives/forks and spoons), electric coffee filters, electric coffee makers, electric coffee percolators, electric espresso machines, Electric coffee beverage making apparatus, Fully automatic electric coffee machines, Electric coffee, tea and cocoa making machines for processing single servings, In particular in capsules or pads, Packaged in single doses, tea, Cocoa, Milk or powdered milk or, Beverage powders containing coffee, tea or cocoa, Electric coffee roasters, Electric coffee roasters, Electric coffee, tea and cocoa making machines for processing single servings, in particular in capsules or pads- Packaged in single doses, tea, Cocoa, Milk or powdered milk or, Beverage powders containing coffee, tea or cocoa, Parts and fittings for all the aforesaid goods, Coffee capsule adapters, Water filters, Water filtering units, water filtering apparatus, Of water softening apparatus, Apparatus for making foam while heating milk, Electric milk coolers, Electric milk warmers, Crockery, glass tableware, Tableware of porcelain, Drinking glasses (drinking vessels), glasses [drinking vessels], Dosing spoons, Mixers, manual [cocktail shakers], Household or kitchen containers, drinking flasks, Drinkware, insulating flasks, Insulated mugs for beverages, Insulated coffee mugs, Mugs to-go, Hand-operated coffee grinders, Coffee filters, Not of paper, milk, powdered milk, , Packaged milk powder, Chocolate, Chocolate goods, Bonbons, Flavour enhancers for foodstuffs, Drink flavour enhancers, Flavourings for addition to food, Flavourings for addition to beverages.