The trademark HARVEST XXI was filed by Urozhay XXI, a corporation established under the laws of the Russian Federation (the "Applicant"). The application was published for oppositions on March 14, 2021, and received one opposition filed on June 14, 2021 by STOLLER EUROPE, S. L. U. on Likelihood of confusion. the opponent was represented by PADIMA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 14, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003148845 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 13, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 12 with following description of goods:
Vehicles and conveyances
Tractors
Municipal tractors
Tow tractors
Towing tractors
Lawn tractors
Horticultural tractors
Truck tractors
Road tractors
Hitches for tractors
Tractors for freight
Tracks for tractors
Electric tractors [vehicles]
Garden tractors for transport
Tractors for agricultural purposes
Automatically guided [driverless] material handling tractors
Towing tractors, and structural parts therefor.
The mark was filed in class 29 with following description of goods:
Potato-based salads
Galbi [grilled meat dish]
Broth [soup]
Poultry salads
Frozen prepared meals consisting principally of vegetables
Cooked meals consisting principally of fish
Shish kabobs
Frozen meals consisting primarily of chicken
Meatballs
Prepared meals consisting primarily of meat substitutes
Vegetable salads
Sausage skins and imitations thereof
Fish, seafood and molluscs, not live
Edible oils and fats
Steamed or toasted cakes of fish paste (kamaboko)
Quick-frozen vegetable dishes
Prepared meals containing [principally] chicken
Noodle soup
Cooked dish consisting primarily of fermented vegetable, pork and tofu (kimchi-jjigae)
Frozen meals consisting primarily of meat
Pre-cooked soup
Steamed cakes of smashed fish and yam (hampen)
Prepared meals consisting principally of vegetables
Prepared snails [escargot]
Casseroles [food]
Cooked dish consisting primarily of rich soybean paste and tofu (cheonggukjang-jjigae)
Cooked meat dishes
Legume salads
Pre-cooked miso soup
Prepared insects and larvae
Bisques
Potato salad
Guacamole [mashed avocado]
Prepared meals consisting primarily of fish
Prepared meals containing [principally] bacon
Cottage cheese fritters
Ready cooked meals consisting wholly or substantially wholly of meat
Falafel
Beef bouillon
Soups
Prepared meat
Consommes
Ready cooked meals consisting wholly or substantially wholly of poultry
Frozen meals consisting primarily of fish
Cooked dish consisting primarily of stir-fried beef and fermented soy sauce (Sogalbi)
Tajine [prepared meat, fish or vegetable dish]
Roast chicken
Ready cooked meals consisting primarily of chicken
Teriyaki chicken
Pre-packaged dinners consisting primarily of game
Cooked dish consisting primarily of chicken and ginseng (samgyetang)
Omelettes
Stews
Shepherd's pie
Beef stew
Antipasto salads
Prepared meals consisting primarily of turkey
Beans cooked in soy sauce (Kongjaban)
Bulgogi [Korean beef dish]
Prepared meals consisting primarily of kebab
Fish with chips
Canned soups
Prepared meat dishes
Prepared entrees consisting primarily of seafood
Grilled fish fillets
Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae)
Prepared meals consisting primarily of duck
Cooked dish consisting primarily of stir-fried chicken and fermented hot pepper paste (dak-galbi)
Matzo ball soup
Meat and meat products
Pre-cooked curry stew
Prepared meals consisting principally of game
Prepared beef
Soups and stocks, meat extracts
Fish cakes
Dolmas
Frozen cooked fish
Frozen meals consisting primarily of poultry
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Prepared dishes consisting principally of meat
Prepared salads
Caesar salad
Pieces of chicken for use as a filling in sandwiches
Gumbo
Chicken nuggets
Squid [prepared]
Birds eggs and egg products
Chile con queso
Sashimi
Processed fruits, fungi, vegetables, nuts and pulses
Prepared meals made from poultry [poultry predominating]
Grilled chicken (Yakitori)
Prepared meals consisting substantially of seafood
Prepared meals containing [principally] eggs
Steamed egg hotchpotch
Prepared meals made from meat [meat predominating]
Fried chicken
Chili con carne
Chicharron
Dairy products and dairy substitutes
Chilled foods consisting predominately of fish
Filled potato skins
Frittatas
Miso soup
Beef tripe
Chicken wings
Pre-packaged dinners consisting primarily of seafood
Ready cooked meals consisting wholly or substantially wholly of game
Egg muffins
Frozen pre-packaged entrees consisting primarily of seafood
Surimi
Chowder
Ready cooked meals consisting primarily of turkey
Fruit based snack foods
Fruit-based snack food
Snack food (Fruit-based -)
Dried fruit-based snacks
Fruit- and nut-based snack bars
Fruit preserved in alcohol
Fruits preserved in alcohol
Fruits, tinned
Tinned fruits
Fruits, tinned [canned (Am.)]
Fruits, canned
Canned fruits
Canned sliced fruits
Stewed fruit
Fruit, stewed
Frozen fruits
Fruit pulp
Pulp (Fruit -)
Fruit pulps
Fruit salads
Salads (Fruit -)
Fruit chips
Chips (Fruit -)
Fruit peel
Peel (Fruit -)
Fruit jellies
Fruit jellies [not being confectionery]
Jellies, jams, compotes, fruit and vegetable spreads
Sunflower oil for food
Sunflower oil [for food]
Olives stuffed with pesto in sunflower oil
Olives stuffed with feta cheese in sunflower oil
Edible sunflower seeds
Processed sunflower seeds
Sunflower seeds, prepared
Seeds (Processed sunflower -)
Pickles
Preserves, pickles
Spicy pickles
Mixed pickles
Relishes [pickles]
Dill pickles
Vegetables, tinned
Tinned vegetables
Vegetables, tinned [canned (Am.)]
Canned vegetables
Vegetables, canned
Canned sliced vegetables
Vegetables, preserved
Preserved vegetables
Preserved vegetables (in oil)
Vegetables preserved in oil
Frozen vegetables
Peeled vegetables
Cut vegetables
Grilled vegetables
Mixed vegetables
Cooked vegetables
Vegetables, cooked
Dried vegetables
Vegetables, dried
Dehydrated vegetables
Pickled vegetables
Processed vegetables
Vegetables, processed
Vegetables (Prepared -)
Bottled vegetables
Lyophilized vegetables
Lyophilised vegetables
Salted vegetables
Fermented vegetables
Fermented vegetables (kimchi)
Vegetables in vinegar
Pre-cut vegetables
Freeze-dried vegetables
Preserves made from vegetables
Dried vegetables in powder form
Pre-cut vegetables for salads
Snack foods based on vegetables
Vegetables pickled in soy sauce
Frozen meals consisting primarily of vegetables
Extracts of vegetables [juices] for cooking
Prepared meals consisting primarily of vegetables
Kimchi jjigae [Korean dish consisting primarily of fermented vegetables, pork and tofu]
Vegetable juices for cooking
Juices (Vegetable -) for cooking
Vegetable juice concentrates for food
Cranberry compote
Cranberry sauce [compote]
Jams
Fruit jams
Blueberry jams
Peas, preserved
Preserved peas
Sauerkraut
Gherkins
Pickled gherkins
Edible nuts
Shelled nuts
Roast nuts
Roasted nuts
Blanched nuts
Candied nuts
Salted nuts
Preserved nuts
Spiced nuts
Dried nuts
Prepared nuts
Ground nuts
Nuts, prepared
Processed nuts
Seasoned nuts
Flavoured nuts
Flavored nuts
Nuts being preserved
Nuts being dried
Nuts being cooked
Processed betel nuts
Cashew nuts (Prepared -)
Prepared pine nuts
Processed tiger nuts
Prepared torreya nuts
Prepared macadamia nuts
Pastes made from nuts
Butter made of nuts
Snack foods based on nuts
Mixtures of fruit and nuts
Snack mixes consisting of dehydrated fruit and processed nuts
Snack mixes consisting of processed fruits and processed nuts
Linseed oils [edible]
Linseed oil for food
Linseed oil for culinary purposes
Dairy-based beverages containing oats
Cocktail onions
Processed onions
Beans
Grapeseed oil for food
Grapeseed oil
Maize oil
Almonds, ground
Ground almonds
Almonds (Prepared -)
Processed almonds.
The mark was filed in class 30 with following description of goods:
Waffles
Prepared desserts [confectionery]
Poppadums
Chocolate-coated sugar confectionery
Frozen confections on a stick
Pancakes
Truffles [confectionery]
Chocolate vermicelli
Fruit jellies [confectionery]
Croissants
Confectionery items coated with chocolate
Confectionery in liquid form
Non-medicated mint confectionery
Chocolate spreads for use on bread
Sweets (candy), candy bars and chewing gum
Panettone
Korean traditional sweets and cookies [hankwa]
Ice, ice creams, frozen yogurts and sorbets
Marzipan substitutes
Crumble
Biscotti dough
Chocolate decorations for confectionery items
Confectionery containing jam
Non-medicated confectionery containing chocolate
Liquorice flavoured confectionery
Chocolate bark containing ground coffee beans
Chocolate coated fruits
Non-medicated confectionery in the shape of eggs
Foods with a cocoa base
Non-medicated chocolate confectionery
Salt crackers
Mint flavoured confectionery (Non-medicated -)
Frozen dairy confections
Kheer mix (rice pudding)
Cakes of sugar-bounded millet or popped rice (okoshi)