The trademark O OATGOODS was filed by Lantmännen Cerealia Oy, a corporation established under the laws of the Republic of Finland (the "Applicant"). The application was published for oppositions on October 14, 2020, and received one opposition filed on January 14, 2021 by Oatly AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by AWA SWEDEN AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 14, 2021
The application was filed in Finnish, and Finnish 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 February 19, 2023. A transfer of the trademark registration was recorded on May 10, 2023.
The Opposition with reference B 003139140 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 29, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat
Processed meat products
Prepared meat
Prepared meat dishes
Prepared meals made from meat [meat predominating]
Mincemeat [chopped meat]
Meat substitutes
Meat-based snack foods
Meat-based mousses
Meat spreads
Dried meat
Fish, not live
Game, not live
Meat extracts
Fruit, preserved
Frozen fruits
Dried fruit
Cooked fruits
Crystallized fruits
Fruit chips
Fruit desserts
Fruit, processed
Fruit-based snack food
Vegetables, preserved
Frozen vegetables
Vegetables, dried
Vegetables, cooked
Vegetable juices for cooking
Vegetable mousses
Vegetable salads
Vegetable soup preparations
Low-fat potato crisps
Potato crisps
Potato flakes
Potato fritters
Jellies for food
Jams
Compotes
Eggs
Mixtures of fruit and nuts
Nuts, prepared
Dried nuts
Flavoured nuts
Seeds, prepared
Sunflower seeds, prepared
Raisins
Soups.
The mark was filed in class 30 with following description of goods:
Rice
Tapioca
Sago
Flour
Preparations made from cereals
Bread
Bread rolls
Buns
Sandwiches
Malt biscuits
Meat pies
Meat tenderizers for household purposes
Biscuits
Sugar, honey, treacle
Yeast
Baking powder
Salt
Mustard
Vinegar
Sauces [condiments]
Seasonings
Ice, natural or artificial
Ice for refreshment
Snack foods made from corn
Cereal bars
High-protein cereal bars
Cereal based food bars
Cereal-based snack food
Chips [cereal products]
Corn flakes
Macaroni
Muesli
Noodles
Noodle-based prepared meals
Crushed oats
Oat flakes
Pasta
Pies
Pizzas
Rice cakes
Rice-based snack food
Snacks manufactured from muesli
Muesli bars
Snack bars containing a mixture of grains, nuts and dried fruit [confectionery]
Gluten additives for culinary purposes
Gluten prepared as foodstuff
Condiments
Peanut brittle
Oat-based food
Food preparations based on grains
Fruit jellies [confectionery]
Oat cakes for human consumption
Breakfast cereals, porridge and grits
Tortillas
Taco chips
Flour based chips
Risotto
Doughs, batters, and mixes therefor
Frozen dough
Flour mixtures for use in baking
Hamburgers contained in bread rolls.
The mark was filed in class 31 with following description of goods:
Agricultural and aquacultural crops, horticulture and forestry products
Raw and unprocessed grains
Seeds for planting
Fresh fruits and vegetables
Natural plants
Fodder
Malt
Rice, unprocessed
Cereal seeds, unprocessed
Peanuts, fresh
Nuts [fruits]
Berries, fresh
Berries (Unprocessed -)
Nuts, unprocessed
Mixed fruits [fresh]
Tropical fruits [fresh].
The mark was filed in class 32 with following description of goods: