The trademark BACCYS was filed by BACCYS UG (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 14, 2020, and received one opposition filed on December 14, 2020 by Société des Produits Nestlé S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HARTE-BAVENDAMM RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 14, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2021.The first Cancellation was filed by BARGOSA S.A. (represented by GARRIGUES IP, S.L.P) on December 21, 2021 and Final decision – EUTM partially cancelled.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on February 24, 2021. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on January 3, 2022.
The Cancellation with reference B 000049029 was EUTM partially cancelled according to Article 8(1)(b) EUTMR with decision issued on September 21, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat and meat products
Dairy products and dairy substitutes
Sausage casings, natural or artificial
Fish, seafood and molluscs, not live
Edible oils and fats
Soups and stocks, meat extracts
Birds eggs and egg products
Prepared insects and larvae
Pre-packaged dinners consisting primarily of seafood
Casseroles [food]
Shepherd's pie
Fried chicken
Cottage cheese fritters
Bisques
Roast chicken
Broth [soup]
Bulgogi [Korean beef dish]
Chicharron
Chile con queso
Chili con carne
Chowder
Dolmas
Egg muffins
Steamed egg hotchpotch
Stews
Falafel
Prepared entrees consisting primarily of seafood
Cooked dish consisting primarily of chicken and ginseng (samgyetang)
Cooked dish consisting primarily of fermented vegetable, pork and tofu (kimchi-jjigae)
Cooked dish consisting primarily of stir-fried beef and fermented soy sauce (sogalbi)
Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae)
Cooked dish consisting primarily of rich soybean paste and tofu (cheonggukjang-jjigae)
Cooked dish consisting primarily of stir-fried chicken and fermented hot pepper paste (dak-galbi)
Prepared meals made from meat [meat predominating]
Prepared meals made from poultry [poultry predominating]
Prepared meals containing [principally] eggs
Prepared dishes consisting principally of meat
Prepared meals containing [principally] chicken
Prepared meals containing [principally] bacon
Prepared meals consisting substantially of seafood
Prepared meals consisting principally of game
Fish with chips
Steamed cakes of smashed fish and yam (hampen)
Fish cakes
Steamed or toasted cakes of fish paste (kamaboko)
Beef bouillon
Meatballs
Prepared meat dishes
Frittatas
Galbi [grilled meat dish]
Poultry salads
Pieces of chicken for use as a filling in sandwiches
Frozen pre-packaged entrees consisting primarily of seafood
Filled potato skins
Grilled fish fillets
Grilled chicken (yakitori)
Cooked meat dishes
Frozen cooked fish
Gumbo
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Frozen prepared meals consisting principally of vegetables
Chicken wings
Chicken nuggets
Beans cooked in soy sauce (kongjaban)
Consommes
Soups
Matzo ball soup
Miso soup
Noodle soup
Omelettes
Beef tripe
Beef stew
Sashimi
Quick-frozen vegetable dishes
Shish kabobs
Canned soups
Surimi
Tajine [prepared meat, fish or vegetable dish]
Teriyaki chicken
Squid [prepared]
Prepared snails [escargot]
Prepared beef
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
Pre-cooked miso soup
Pre-cooked soup
Pre-cooked curry stew
Pre-packaged dinners consisting primarily of game
Prepared meals consisting primarily of duck
Prepared meals consisting primarily of fish
Frozen meals consisting primarily of fish
Cooked meals consisting principally of fish
Chilled foods consisting predominately of fish
Frozen meals consisting primarily of meat
Prepared meals consisting primarily of meat substitutes
Frozen meals consisting primarily of poultry
Frozen meals consisting primarily of chicken
Ready cooked meals consisting primarily of chicken
Prepared meals consisting primarily of kebab
Prepared meals consisting primarily of turkey
Ready cooked meals consisting primarily of turkey
Prepared meat.
The mark was filed in class 30 with following description of goods:
Ice, coffee, tea, edible salt, seasonings, spices, flavouring for beverages
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Pineapple fritters
French toast
Flavoured popcorn
Snack food products consisting of cereal products
Snack food products made from potato flour
Snack foods prepared from maize
Snacks manufactured from muesli
Banana fritters
Baozi [stuffed buns]
Flaky pastry containing ham
Bibimbap [rice mixed with vegetables and beef]
Pretzels
Bean jam buns
Brioches
Frankfurter sandwiches
Buckwheat jelly (memilmuk)
Burritos
Calzones
Chalupas
Cheeseburgers [sandwiches]
Chimichanga
Chinese steamed dumplings (shumai, cooked)
Grain-based chips
Crisps made of cereals
Chow mein
Chow mein [noodle-based dishes]
Crackers made of prepared cereals
Crackers flavoured with meat
Crackers flavoured with vegetables
Crackers flavoured with herbs
Crackers flavoured with cheese
Crackers flavoured with spices
Crepes
Egg pies
Empanadas
Enchiladas
Fajitas
Pastries consisting of vegetables and fish
Rice-based prepared meals
Prepared meals in the form of pizzas
Prepared meals containing [principally] pasta
Pies containing meat
Meat pies
Fresh pies
Fresh pizza
Fresh sausage rolls
Egg rolls
Stir fried rice cake [topokki]
Spring rolls
Prawn crackers
Fried corn
Freeze-dried dishes with the main ingredient being pasta
Freeze-dried dishes with the main ingredient being rice
Frozen French toast
Frozen French toast sticks
Frozen pancakes
Frozen waffles
Chilled pizzas
Frozen pastry stuffed with meat
Frozen pastry stuffed with vegetables
Filled baguettes
Pasta containing stuffings
Chinese stuffed dumplings (gyoza, cooked)
Filled bread rolls
Vegetable pies
Pellet-shaped rice crackers (arare)
Rice based dishes
Meals consisting primarily of pasta
Corn, roasted
Corn kernels being toasted
Toasted sandwiches
Toasted cheese sandwich
Toasted cheese sandwich with ham
Chips [cereal products]
Cereal-based meal replacement bars
Cereal-based snack food
Gimbap [Korean rice dish]
Mincemeat pies
Oat clusters containing dried fruit
Flapjacks
Hamburgers being cooked and contained in a bread roll
Hamburgers contained in bread rolls
Hot sausage and ketchup in cut open bread rolls
Millet cakes
Hot dog sandwiches
Chicken pies
Chicken wraps
Snack food products made from cereal flour
Snack food products made from rice flour
Snack food products made from soya flour
Snack foods made from corn
Snack foods made from corn and in the form of puffs
Puffed corn snacks
Snack foods made from corn and in the form of rings
Cereal snack foods flavoured with cheese
Glutinous rice wrapped in bamboo leaves (zongzi)
Jiaozi [stuffed dumplings]
Canapes
Caramel coated popcorn with candied nuts
Kimchi pancakes
Rice glue balls
Sticky rice cakes (chapsalttock)
Shrimp dumplings
Preserved pizzas
Glutinous pounded rice cake coated with bean powder (injeolmi)
Stir-fried noodles with vegetables (japchae)
Cheese curls [snacks]
Macaroni with cheese
Pumpkin porridge (hobak-juk)
Lasagne
Corn chips
Seaweed flavoured corn chips
Vegetable flavoured corn chips
Macaroni salad
Microwave popcorn
Sandwiches containing fish fillet
Sandwiches containing meat
Steamed buns stuffed with minced meat (niku-manjuh)
Caramel coated popcorn
Crackers filled with cheese
Steamed buns stuffed with red bean paste
Mung bean pancakes (bindaetteok)
Nachos
Noodle-based prepared meals
Canned pasta foods
Pasta salad
Okonomiyaki [Japanese savoury pancakes]
Paella
Pasta dishes
Pastries consisting of vegetables and meat
Pies [sweet or savoury]
Pastries consisting of vegetables and poultry
Pies
Pies containing fish
Pies containing poultry
Pies containing vegetables
Pies containing game
Stir-fried rice
Pancakes
Green onion pancake [pajeon]
Prepared savory foodstuffs made from potato flour
Savoury pancakes
Cereal-based savoury snacks
Corn-based savoury snacks
Savory pastries
Pita chips
Pizza crust
Pizza bases
Prepared pizza meals
Pizzas
Candy coated popcorn
Pot pies
Puffed cheese balls [corn snacks]
Popcorn
Quesadillas
Quiches
Ramen [Japanese noodle-based dish]
Ramen noodles
Ravioli
Rice crisps
Rice crackers
Prepared rice dishes
Rice dumplings
Rice dumplings dressed with sweet bean jam (ankoro)
Rice crusts
Rice crackers
Rice cakes
Rice biscuits
Rice salad
Rice-based snack food
Risotto
Samosas
Sandwiches
Sandwiches containing fish
Sandwiches containing chicken
Sandwiches containing minced beef
Sandwiches containing salad
Pork pies
Multigrain-based snack foods
Snack foods made from wheat
Snack food products made from cereal starch
Snack food products made from maize flour
Snack food products made from rusk flour
Snack foods made of whole wheat
Spaghetti and meatballs
Cheese flavored puffed corn snacks
Canned spaghetti in tomato sauce
Extruded wheat snacks
Crumble
Sushi
Sweet rice with nuts and jujubes (yaksik)
Tabbouleh
Taco chips
Tacos
Tamales
Frozen pizzas
Frozen pastry stuffed with meat and vegetables
Tortilla snacks
Tortilla chips
Tortillas
Korean traditional rice cake [injeolmi]
Dry and liquid ready-to-serve meals, mainly consisting of rice
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Turkey sandwiches
Uncooked pizzas
Processed unpopped popcorn
Boxed lunches consisting of rice, with added meat, fish or vegetables
Ready to eat savory snack foods made from maize meal formed by extrusion
Pre-baked pizzas crusts
Prepared meals containing [principally] rice
Frozen meals consisting primarily of rice
Meals consisting primarily of rice
Frozen meals consisting primarily of pasta
Wonton chips
Wontons
Soft pretzels
Wholewheat crisps
Poultry and game meat pies
Wraps [sandwich]
Snack foods consisting principally of bread
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Snack foods consisting principally of extruded cereals
Sausage rolls
Meat pies [prepared]
Prepared foodstuffs in the form of sauces
Pasta-based prepared meals
Pizzas [prepared]
Ravioli [prepared]
Prepared rice rolled in seaweed
Onion biscuits
Substances imparting flavour for addition to drink [other than essential oils].
The mark was filed in class 33 with following description of goods: