The trademark Elan Bakeries was filed by ELAN Brot GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 13, 2020, and received one opposition filed on March 8, 2021 by ELAH DUFOUR S.p.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GIAMBROCONO & C. S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 8, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on March 21, 2024.
Goods And Services
The mark was filed in class 29 with following description of goods:
Apple purée
Black pudding
Fat-containing mixtures for bread slices
Butter
Buttercream
Eggs
Salted meats
Fatty substances for the manufacture of edible fats
Fat-containing mixtures for bread slices
Fish
Fish, preserved
Meat
Meat extracts
Meat, tinned
Salted meats
Fruit, stewed
Fruit, preserved
Frozen fruits
Fruit preserved in alcohol
Fruit chips
Fruit jellies
Fruit pulp
Fruit salads
Fruit-based snack food
Prawns, not live
Poultry, not live
Cooked fruits
Fruit, stewed
Vegetables, dried
Vegetable preserves
Vegetables, tinned
Vegetable mousses
Vegetable salads
Vegetables, dried
Herrings
Lobsters, not live
Yoghurt
Crystallized fruits
Potato crisps
Cheese
Caviar
Kephir [milk beverage]
Coconut fat
Fruit preserves
Truffles, preserved
Fish, preserved
Vegetables, preserved
Fruit, preserved
Liver
Liver pâté
Margarine
Marmalade
Milk products
Mussels, not live
Fish, not live
Prawns, not live
Herrings, not live
Lobsters, not live
Shellfish, not live
Poultry, not live
Fruit, stewed
Preserved fruits
Frozen fruits
Fruits, tinned
Fruit salads
Pickles
Cream [dairy products]
Edible fats
Frozen fruits
Truffles, preserved
Meat
Preparations for making bouillon.
The mark was filed in class 30 with following description of goods:
Flavourings, other than essential oils, for cakes
Ready-to-bake dough products
Baking spices
Flour ready for baking
Baking powder
Pastries
Bakery goods
Sandwiches
Binding agents for ice cream
Unleavened bread
Bread
Rolls
Bun mix
Sandwiches
Bread concentrates
Mixes for the preparation of bread
Bread doughs
Cheeseburgers [sandwiches]
Ice cream
Essences for foodstuffs, except etheric essences and essential oils
Pastries
Convenience food and savory snacks, Namely snack food based on corn, cereals, flour and sesame, Biscuits and crackers, and Cereal foodstuffs, Pies and farinaceous foods, Sandwiches and pizzas, Steamed buns
Meat pies
Pastries
Filled bread rolls
Cereal preparations
Spices
Condiments
Gluten-free bread
Semi-baked bread
Yeast
Yeast extracts, not for medical purposes
Yeast extracts for human consumption
Honey
Baking agents, mainly made from malt extracts or cereal flours, with added oil seeds, legumes, emulsifiers and lecithins
Ginger [spice]
Coffee
Coffee flavourings
Artificial coffee
Vegetal preparations for use as coffee substitutes
Coffee-based beverages
Cocoa
Cocoa products
Cocoa-based beverages
Caramels
Biscuits
Confectionery
Cakes
Gingerbread
Malt for human consumption
Malt biscuits
Flour and preparations made from bread, pastry, cereals and confectionery
Flour
Farinaceous foods
Golden syrup
Coffee beverages with milk
Cocoa beverages with milk
Chocolate beverages with milk
Preparations for making bakery products
Noodle-based prepared meals
Noodles
Pâtés en croûte
Pepper
Gingerbread
Pita bread
Rice
Unroasted coffee
Salt
Sandwiches
Leaven
Sour dough preparations
Chocolate-based beverages
Chocolate mousses
Bread rolls
Mustard
Sauces [condiments]
Spaghetti
Dough
Pasta
Frozen bread
Toasts [biscuits]
Tarts
Snack foods consisting principally of bread
Unleavened bread
Pre-baked bread
Premixes and prepared mixtures for making bakery goods
Waffles
Preparations for making bakery products
Sugar
Rusks.
The mark was filed in class 31 with following description of goods:
Oysters, live
Chicory, fresh
Peas, fresh
Peanuts, fresh
Live fish
Peas, fresh
Peanuts, fresh
Cucumbers, fresh
Garden herbs, fresh
Chestnuts, fresh
Olives, fresh
Mushrooms, fresh
Lemons, fresh
Lettuce, fresh
Fresh leeks
Vegetables, fresh
Fruit, fresh
Live poultry
Vegetables, fresh
Grains [cereals]
Oats
Hazelnuts, fresh
Locust beans
Potatoes, fresh
Coconuts
Coconut shell
Kola nuts
Crustaceans, live
Garden herbs, fresh
Agricultural, horticultural and forestry products, not included in other classes
Oysters, live
Fish, live
Crustaceans, live
Mussels, live
Poultry, live
Lentils, fresh
Maize
Maize cake for cattle
Almonds [fruits]
Chestnuts, fresh
Mussels, live
Nuts [fruits]
Fruit, fresh
Olives, fresh
Mushrooms, fresh
Rice, unprocessed
Rhubarb
Sowing seeds
Rice, unprocessed
Juniper berries
Wheat
Sugarcane.
The mark was filed in class 35 with following description of goods:
Business inquiries
Business management and organization consultancy
Advisory services for business management
Procurement services for others [purchasing goods and services for other businesses]
Order placement and delivery services and invoice management, including within the framework of e-commerce
Professional business consultancy in the field of trading in foodstuffs and beverages, and producing foodstuffs and beverages, in particular including for franchise concepts
Professional business consultancy
Office functions
Computerized file management
Wholesaling and retailing in the fields of foodstuffs and beverages, Agricultural products, All the aforesaid services, in particular including via electronic data networks, In particular the Internet
Retail services relating to bakery products, Also provided via the Internet
Business management
Wholesale services in relation to baked goods, Also provided via the Internet