The trademark BABA BAHRI was filed by MOHAMED HABIB BAHRI, a national of the French Republic (the "Applicant"). The application was published for oppositions on September 8, 2020, and received one opposition filed on December 8, 2020 by Unilever Magyarország Kft on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BAKER & MCKENZIE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 8, 2020
The application was filed in French, and French 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 December 15, 2020.
The Opposition with reference B 003136252 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on January 23, 2022 by the EUIPO.
The application claimed as seniority of the French Republic trademark 4469255 and filed on July 13, 2018 which was accepted by the office.
Goods And Services
The mark was filed in class 21 with following description of goods:
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Cosmetic and toilet utensils
Tableware, cookware and containers
Unworked and semi-worked glass, not specified for use.
The mark was filed in class 29 with following description of goods:
Processed fruits, fungi, vegetables, nuts and pulses
Edible oils and fats
Soups and stocks, meat extracts
Fish, seafood and molluscs, not live
Dairy products and dairy substitutes
Meat and meat products
Birds eggs and egg products
Chilled foods consisting predominately of fish
Broth [soup]
Beef bouillon
Meatballs
Prepared beef
Fish croquettes
Consommes
Falafel
Grilled fish fillets
Steamed egg hotchpotch
Cooked meat dishes
Ready cooked meals consisting primarily of chicken
Ready cooked meals consisting primarily of turkey
Ready cooked meals consisting wholly or substantially wholly of meat
Ready cooked meals consisting wholly or substantially wholly of game
Ready cooked meals consisting wholly or substantially wholly of poultry
Frozen meals consisting primarily of meat
Frozen meals consisting primarily of chicken
Omelettes
Egg muffins
Pieces of chicken for use as a filling in sandwiches
Frittatas
Fish with chips
Frozen cooked fish
Frozen meals consisting primarily of poultry
Frozen meals consisting primarily of fish
Prepared meals made from meat [meat predominating]
Prepared meals made from poultry [poultry predominating]
Prepared meat dishes
Frozen prepared meals consisting principally of vegetables
Prepared meals consisting primarily of fish
Prepared meals containing [principally] chicken
Prepared dishes consisting principally of meat
Prepared meals consisting substantially of seafood
Prepared meals consisting principally of vegetables
Quick-frozen vegetable dishes
Cooked meals consisting principally of fish
Frozen pre-packaged entrees consisting primarily of seafood
Pre-packaged dinners consisting primarily of seafood
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Vegetable salads
Legume salads
Prepared salads
Potato-based salads
Antipasto salads
Potato salad
Caesar salad
Stews
Soups
Filled potato skins
Pre-cooked soup
Prepared meat
Tajine [prepared meat, fish or vegetable dish].
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Ice, ice creams, frozen yogurts and sorbets
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Cereal bars and energy bars
Sweets (candy), candy bars and chewing gum
Pastries, cakes, tarts and biscuits (cookies)
Foodstuffs containing cocoa [as the main constituent]