The trademark MC FRESH was filed by MC FRESH SINGLE MEMBER PRIVATE COMPANY, a corporation established under the laws of the Hellenic Republic (the "Applicant"). The application was published for oppositions on July 27, 2020, and received one opposition filed on October 25, 2020 by McDonald's International Property Company, Ltd. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BARDEHLE PAGENBERG PARTNERSCHAFT MBB PATENTANWÄLTE, RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 25, 2020
The application was filed in Greek, and Greek was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Preserved, frozen, dried and cooked fruits and vegetables
Prepared salads, fruit and vegetable salads
Snacks containing fruit, snacks based on nuts.
The mark was filed in class 31 with following description of goods:
Fresh fruit, vegetables and herbs
Fresh fruit and vegetables
Fresh salads, fresh vegetable salads.
The mark was filed in class 32 with following description of goods:
Fruit and vegetable drinks and juices
Fruit juice beverages, fruit-flavoured beverages
Beverages consisting of a blend of fruit and vegetable juices
Concentrated fruit juice
Aerated fruit juices
Aloe vera juices
Tomato juice [beverage]
Alcohol free drinks
Non-alcoholic beverages
Non-alcoholic cocktails, non-alcoholic fruit cocktails
Aperitifs, non-alcoholic
Energy, isotonic and carbonated beverages
Water-based beverages containing tea extracts
Sorbets
Waters
Soda water
Syrups and preparations for making beverages
Powders for the preparation of beverages.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retailing and wholesaling of the following goods: preserved, frozen, dried and cooked fruits and vegetables, prepared salads, fruit and vegetable salads, fruit-based snack food, nut-based snack foods, fresh fruit, vegetables and herbs, nuts, fresh fruit and vegetables, fresh salads, fresh vegetable salads, fruit and vegetable beverages and juices, fruit juice beverages, fruit-flavoured beverages, beverages consisting of a blend of fruit and vegetable juices, concentrated fruit juices
Retailing and wholesaling of the following goods: aerated fruit juices, aloe vera juices, tomato juice (beverage), soft drinks, non-alcoholic beverages, non-alcoholic cocktails, non-alcoholic fruit cocktails, non-alcoholic aperitifs, energy, isotonic and carbonated beverages
Retailing and wholesaling of the following goods: water-based beverages containing tea extracts, sorbets (beverages), water, soda water, syrups for making beverages, powders for the preparation of beverages.
The mark was filed in class 43 with following description of goods:
Canteen services
Bar and restaurant services
Fast food restaurants
Snack-bar services
Snack-bars, namely fast-food and permanent restaurants
Take-away restaurant services
Food preparation services
Outside catering services
Catering services for schools, hospitals, institutes, cafes
Providing of food and drink in restaurants and bars
Food and drink catering for banquets
Providing food and drink catering services for exhibition facilities.