The trademark Oceanfruit was filed by Oceanfruit GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 31, 2020, and received one opposition filed on November 29, 2020 by Nutreco Animal Nutrition Iberia, S.A. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 29, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003135747 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 27, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Vegetable spreads
Vegetable pate
Vegetable-based chips
Extracts of vegetables [juices] for cooking
Fermented vegetables
Prepared meals consisting principally of vegetables
Jellies, jams, compotes, fruit and vegetable spreads
Freeze-dried vegetables
Vegetables, cooked
Vegetables, preserved
Bottled vegetables
Vegetable chips
Vegetable-based snack foods
Vegetable stock
Vegetable extracts for food
Vegetable extracts for cooking
Prepared vegetable dishes
Vegetables, tinned
Vegetable pastes
Vegetable powders
Frozen prepared meals consisting principally of vegetables
Vegetables pickled in soy sauce
Preserved vegetables (in oil)
Kimchi [fermented vegetable dish]
Vegetables, processed
Pre-cut vegetable salads.
The mark was filed in class 30 with following description of goods: