The trademark PLANTAGEN-EXPRESS 100% FRISCH was filed by Juan José Llombart Gavalda, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on July 8, 2020, and received one opposition filed on October 8, 2020 by Rausch Privat-Chocolatiers GmbH & Co. KG on Likelihood of confusion. the opponent was represented by Preu Bohlig & Partner Rechtsanwälte mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 8, 2020
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 7, 2021.
Goods And Services
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fresh fruit and vegetables, fresh herbs
Natural plants and flowers
Bulbs, seedlings and seeds for planting
Live animals
Foodstuffs and beverages for animals
Malt
All the aforesaid goods, Except Cocoa beans.
The mark was filed in class 35 with Store services And via global computer networks, in relation the following goods: Alcoholic beverages and food items, Excluding the following goods: Chocolate, Coffee, Cocoa-based products, Products containing cocoa, products containing chocolate or Substitutes therefor or And derivatives thereof, Other than any chocolate-flavoured product.