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EUTM file information

018300966

BACCYS


September 2, 2020

Trademark Summary

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:
    1. Meat and meat products
    2. Dairy products and dairy substitutes
    3. Sausage casings, natural or artificial
    4. Fish, seafood and molluscs, not live
    5. Edible oils and fats
    6. Soups and stocks, meat extracts
    7. Birds eggs and egg products
    8. Prepared insects and larvae
    9. Pre-packaged dinners consisting primarily of seafood
    10. Casseroles [food]
    11. Shepherd's pie
    12. Fried chicken
    13. Cottage cheese fritters
    14. Bisques
    15. Roast chicken
    16. Broth [soup]
    17. Bulgogi [Korean beef dish]
    18. Chicharron
    19. Chile con queso
    20. Chili con carne
    21. Chowder
    22. Dolmas
    23. Egg muffins
    24. Steamed egg hotchpotch
    25. Stews
    26. Falafel
    27. Prepared entrees consisting primarily of seafood
    28. Cooked dish consisting primarily of chicken and ginseng (samgyetang)
    29. Cooked dish consisting primarily of fermented vegetable, pork and tofu (kimchi-jjigae)
    30. Cooked dish consisting primarily of stir-fried beef and fermented soy sauce (sogalbi)
    31. Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae)
    32. Cooked dish consisting primarily of rich soybean paste and tofu (cheonggukjang-jjigae)
    33. Cooked dish consisting primarily of stir-fried chicken and fermented hot pepper paste (dak-galbi)
    34. Prepared meals made from meat [meat predominating]
    35. Prepared meals made from poultry [poultry predominating]
    36. Prepared meals containing [principally] eggs
    37. Prepared dishes consisting principally of meat
    38. Prepared meals containing [principally] chicken
    39. Prepared meals containing [principally] bacon
    40. Prepared meals consisting substantially of seafood
    41. Prepared meals consisting principally of game
    42. Fish with chips
    43. Steamed cakes of smashed fish and yam (hampen)
    44. Fish cakes
    45. Steamed or toasted cakes of fish paste (kamaboko)
    46. Beef bouillon
    47. Meatballs
    48. Prepared meat dishes
    49. Frittatas
    50. Galbi [grilled meat dish]
    51. Poultry salads
    52. Pieces of chicken for use as a filling in sandwiches
    53. Frozen pre-packaged entrees consisting primarily of seafood
    54. Filled potato skins
    55. Grilled fish fillets
    56. Grilled chicken (yakitori)
    57. Cooked meat dishes
    58. Frozen cooked fish
    59. Gumbo
    60. Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
    61. Frozen prepared meals consisting principally of vegetables
    62. Chicken wings
    63. Chicken nuggets
    64. Beans cooked in soy sauce (kongjaban)
    65. Consommes
    66. Soups
    67. Matzo ball soup
    68. Miso soup
    69. Noodle soup
    70. Omelettes
    71. Beef tripe
    72. Beef stew
    73. Sashimi
    74. Quick-frozen vegetable dishes
    75. Shish kabobs
    76. Canned soups
    77. Surimi
    78. Tajine [prepared meat, fish or vegetable dish]
    79. Teriyaki chicken
    80. Squid [prepared]
    81. Prepared snails [escargot]
    82. Prepared beef
    83. Ready cooked meals consisting wholly or substantially wholly of meat
    84. Ready cooked meals consisting wholly or substantially wholly of game
    85. Ready cooked meals consisting wholly or substantially wholly of poultry
    86. Pre-cooked miso soup
    87. Pre-cooked soup
    88. Pre-cooked curry stew
    89. Pre-packaged dinners consisting primarily of game
    90. Prepared meals consisting primarily of duck
    91. Prepared meals consisting primarily of fish
    92. Frozen meals consisting primarily of fish
    93. Cooked meals consisting principally of fish
    94. Chilled foods consisting predominately of fish
    95. Frozen meals consisting primarily of meat
    96. Prepared meals consisting primarily of meat substitutes
    97. Frozen meals consisting primarily of poultry
    98. Frozen meals consisting primarily of chicken
    99. Ready cooked meals consisting primarily of chicken
    100. Prepared meals consisting primarily of kebab
    101. Prepared meals consisting primarily of turkey
    102. Ready cooked meals consisting primarily of turkey
    103. Prepared meat.
  • The mark was filed in class 30 with following description of goods:
    1. Ice, coffee, tea, edible salt, seasonings, spices, flavouring for beverages
    2. Processed grains, starches, and goods made thereof, baking preparations and yeasts
    3. Sugars, natural sweeteners, sweet coatings and fillings, bee products
    4. Pineapple fritters
    5. French toast
    6. Flavoured popcorn
    7. Snack food products consisting of cereal products
    8. Snack food products made from potato flour
    9. Snack foods prepared from maize
    10. Snacks manufactured from muesli
    11. Banana fritters
    12. Baozi [stuffed buns]
    13. Flaky pastry containing ham
    14. Bibimbap [rice mixed with vegetables and beef]
    15. Pretzels
    16. Bean jam buns
    17. Brioches
    18. Frankfurter sandwiches
    19. Buckwheat jelly (memilmuk)
    20. Burritos
    21. Calzones
    22. Chalupas
    23. Cheeseburgers [sandwiches]
    24. Chimichanga
    25. Chinese steamed dumplings (shumai, cooked)
    26. Grain-based chips
    27. Crisps made of cereals
    28. Chow mein
    29. Chow mein [noodle-based dishes]
    30. Crackers made of prepared cereals
    31. Crackers flavoured with meat
    32. Crackers flavoured with vegetables
    33. Crackers flavoured with herbs
    34. Crackers flavoured with cheese
    35. Crackers flavoured with spices
    36. Crepes
    37. Egg pies
    38. Empanadas
    39. Enchiladas
    40. Fajitas
    41. Pastries consisting of vegetables and fish
    42. Rice-based prepared meals
    43. Prepared meals in the form of pizzas
    44. Prepared meals containing [principally] pasta
    45. Pies containing meat
    46. Meat pies
    47. Fresh pies
    48. Fresh pizza
    49. Fresh sausage rolls
    50. Egg rolls
    51. Stir fried rice cake [topokki]
    52. Spring rolls
    53. Prawn crackers
    54. Fried corn
    55. Freeze-dried dishes with the main ingredient being pasta
    56. Freeze-dried dishes with the main ingredient being rice
    57. Frozen French toast
    58. Frozen French toast sticks
    59. Frozen pancakes
    60. Frozen waffles
    61. Chilled pizzas
    62. Frozen pastry stuffed with meat
    63. Frozen pastry stuffed with vegetables
    64. Filled baguettes
    65. Pasta containing stuffings
    66. Chinese stuffed dumplings (gyoza, cooked)
    67. Filled bread rolls
    68. Vegetable pies
    69. Pellet-shaped rice crackers (arare)
    70. Rice based dishes
    71. Meals consisting primarily of pasta
    72. Corn, roasted
    73. Corn kernels being toasted
    74. Toasted sandwiches
    75. Toasted cheese sandwich
    76. Toasted cheese sandwich with ham
    77. Chips [cereal products]
    78. Cereal-based meal replacement bars
    79. Cereal-based snack food
    80. Gimbap [Korean rice dish]
    81. Mincemeat pies
    82. Oat clusters containing dried fruit
    83. Flapjacks
    84. Hamburgers being cooked and contained in a bread roll
    85. Hamburgers contained in bread rolls
    86. Hot sausage and ketchup in cut open bread rolls
    87. Millet cakes
    88. Hot dog sandwiches
    89. Chicken pies
    90. Chicken wraps
    91. Snack food products made from cereal flour
    92. Snack food products made from rice flour
    93. Snack food products made from soya flour
    94. Snack foods made from corn
    95. Snack foods made from corn and in the form of puffs
    96. Puffed corn snacks
    97. Snack foods made from corn and in the form of rings
    98. Cereal snack foods flavoured with cheese
    99. Glutinous rice wrapped in bamboo leaves (zongzi)
    100. Jiaozi [stuffed dumplings]
    101. Canapes
    102. Caramel coated popcorn with candied nuts
    103. Kimchi pancakes
    104. Rice glue balls
    105. Sticky rice cakes (chapsalttock)
    106. Shrimp dumplings
    107. Preserved pizzas
    108. Glutinous pounded rice cake coated with bean powder (injeolmi)
    109. Stir-fried noodles with vegetables (japchae)
    110. Cheese curls [snacks]
    111. Macaroni with cheese
    112. Pumpkin porridge (hobak-juk)
    113. Lasagne
    114. Corn chips
    115. Seaweed flavoured corn chips
    116. Vegetable flavoured corn chips
    117. Macaroni salad
    118. Microwave popcorn
    119. Sandwiches containing fish fillet
    120. Sandwiches containing meat
    121. Steamed buns stuffed with minced meat (niku-manjuh)
    122. Caramel coated popcorn
    123. Crackers filled with cheese
    124. Steamed buns stuffed with red bean paste
    125. Mung bean pancakes (bindaetteok)
    126. Nachos
    127. Noodle-based prepared meals
    128. Canned pasta foods
    129. Pasta salad
    130. Okonomiyaki [Japanese savoury pancakes]
    131. Paella
    132. Pasta dishes
    133. Pastries consisting of vegetables and meat
    134. Pies [sweet or savoury]
    135. Pastries consisting of vegetables and poultry
    136. Pies
    137. Pies containing fish
    138. Pies containing poultry
    139. Pies containing vegetables
    140. Pies containing game
    141. Stir-fried rice
    142. Pancakes
    143. Green onion pancake [pajeon]
    144. Prepared savory foodstuffs made from potato flour
    145. Savoury pancakes
    146. Cereal-based savoury snacks
    147. Corn-based savoury snacks
    148. Savory pastries
    149. Pita chips
    150. Pizza crust
    151. Pizza bases
    152. Prepared pizza meals
    153. Pizzas
    154. Candy coated popcorn
    155. Pot pies
    156. Puffed cheese balls [corn snacks]
    157. Popcorn
    158. Quesadillas
    159. Quiches
    160. Ramen [Japanese noodle-based dish]
    161. Ramen noodles
    162. Ravioli
    163. Rice crisps
    164. Rice crackers
    165. Prepared rice dishes
    166. Rice dumplings
    167. Rice dumplings dressed with sweet bean jam (ankoro)
    168. Rice crusts
    169. Rice crackers
    170. Rice cakes
    171. Rice biscuits
    172. Rice salad
    173. Rice-based snack food
    174. Risotto
    175. Samosas
    176. Sandwiches
    177. Sandwiches containing fish
    178. Sandwiches containing chicken
    179. Sandwiches containing minced beef
    180. Sandwiches containing salad
    181. Pork pies
    182. Multigrain-based snack foods
    183. Snack foods made from wheat
    184. Snack food products made from cereal starch
    185. Snack food products made from maize flour
    186. Snack food products made from rusk flour
    187. Snack foods made of whole wheat
    188. Spaghetti and meatballs
    189. Cheese flavored puffed corn snacks
    190. Canned spaghetti in tomato sauce
    191. Extruded wheat snacks
    192. Crumble
    193. Sushi
    194. Sweet rice with nuts and jujubes (yaksik)
    195. Tabbouleh
    196. Taco chips
    197. Tacos
    198. Tamales
    199. Frozen pizzas
    200. Frozen pastry stuffed with meat and vegetables
    201. Tortilla snacks
    202. Tortilla chips
    203. Tortillas
    204. Korean traditional rice cake [injeolmi]
    205. Dry and liquid ready-to-serve meals, mainly consisting of rice
    206. Dry and liquid ready-to-serve meals, mainly consisting of pasta
    207. Turkey sandwiches
    208. Uncooked pizzas
    209. Processed unpopped popcorn
    210. Boxed lunches consisting of rice, with added meat, fish or vegetables
    211. Ready to eat savory snack foods made from maize meal formed by extrusion
    212. Pre-baked pizzas crusts
    213. Prepared meals containing [principally] rice
    214. Frozen meals consisting primarily of rice
    215. Meals consisting primarily of rice
    216. Frozen meals consisting primarily of pasta
    217. Wonton chips
    218. Wontons
    219. Soft pretzels
    220. Wholewheat crisps
    221. Poultry and game meat pies
    222. Wraps [sandwich]
    223. Snack foods consisting principally of bread
    224. Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
    225. Snack foods consisting principally of extruded cereals
    226. Sausage rolls
    227. Meat pies [prepared]
    228. Prepared foodstuffs in the form of sauces
    229. Pasta-based prepared meals
    230. Pizzas [prepared]
    231. Ravioli [prepared]
    232. Prepared rice rolled in seaweed
    233. Onion biscuits
    234. Substances imparting flavour for addition to drink [other than essential oils].
  • The mark was filed in class 33 with following description of goods:
    1. Alcoholic beverages (except beer)
    2. Alcoholic preparations for making beverages
    3. Cider.