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EUTM file information

018398322

OATLY NOT MILK

February 11, 2021

Trademark Summary

The trademark OATLY NOT MILK was filed by Oatly AB, a corporation established under the laws of the Kingdom of Sweden (the "Applicant"). The application was published for oppositions on February 16, 2021, and received one opposition filed on February 25, 2021 by The Not Company SpA on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 25, 2021

It was designated 'Basic Application' for International Application 1650221 at the World Intellectual Property Organization (WIPO).

The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).

Change of name and address of the trademark registration was recorded on May 23, 2021.

Goods And Services

  • The mark was filed in class 9 with following description of goods:
    1. Apparatus for recording, transmission or reproduction of sound and images
    2. Audio players
    3. Digital audio players
    4. Cd players
    5. Portable multimedia players
    6. Portable music players
    7. Software
    8. Software for online messaging and marketing
    9. Software for websites and webhosting
    10. Eyewear
    11. Eyewear cases
    12. Glasses, sun glasses and contact lenses
    13. Frames for glasses
    14. Application software (apps)
    15. Mobile apps
    16. Computer programs [downloadable software]
    17. Downloadable digital recipes and collections of recipes in electronic format.
  • The mark was filed in class 16 with following description of goods:
    1. Books
    2. Bumper stickers
    3. Cards
    4. Calendars
    5. Greeting cards
    6. Printed recipe cards
    7. Printed recipes sold as a component of food packaging
    8. Printed matter
    9. Posters
    10. Pens
    11. Photographs
    12. Recipe books
    13. Stickers
    14. Prints
    15. Adhesive stickers
    16. Magazines.
  • The mark was filed in class 21 with following description of goods:
    1. Tableware, cookware and containers
    2. Glasses, drinking vessels and barware
    3. Serving pots and jugs, coffee pots and tea pots
    4. Milk jugs
    5. Jugs for frothing milk
    6. Non-electric milk frothers
    7. Cups, saucers and mugs
    8. Bowls.
  • The mark was filed in class 25 with following description of goods:
    1. Clothing
    2. Footwear
    3. Headwear
    4. Clothing, footwear and headwear for women, men, boys and girls, namely, jump suits, shirts, blouses, jackets, bathing suits
    5. Clothing, footwear and headwear for women, men, boys and girls, namely, pants, belts, shorts
    6. Clothing, footwear and headwear for women, men, boys and girls, namely, warm-up suits, sweatpants and sweatshirts, walking shorts
    7. Clothing, footwear and headwear for women, men, boys and girls, namely, jeans, suits, dinner jackets and formal wear, sports jackets
    8. Clothing, footwear and headwear for women, men, boys and girls, namely, knitted tops, ties and other neckwear
    9. Clothing, footwear and headwear for women, men, boys and girls, namely, stockings, tights
    10. Clothing, footwear and headwear for women, men, boys and girls, namely, hats, caps, scarves, shawls, coats, outer coats, vests, sweaters
    11. Clothing, footwear and headwear for women, men, boys and girls, namely, dresses, skirts, t-shirts, beach and swimming cover-ups
    12. Clothing, footwear and headwear for women, men, boys and girls, namely, rainwear, rain coats, ponchos, tank tops, camisoles
    13. Tennis and golf apparel, namely, dresses, tops, skirts, pants, and shorts
    14. Biking and running and yoga apparel, namely, tops, tank tops, skirts, pants, short pants, shorts and jackets
    15. Footwear, namely, shoes, active sport shoes, sneakers, boots, slippers
    16. Blazers, pants, capes, socks, gloves
    17. Underwear
    18. Underwear, sleepwear and loungewear for men and boys, namely, briefs, boxer shorts
    19. Underwear, sleepwear and loungewear for men and boys, namely, athletic underwear, sport knit shirts
    20. Underwear, sleepwear and loungewear for men and boys, namely, t-shirts, tank tops, undershirts, basic underwear
    21. Underwear, sleepwear and loungewear for men and boys, namely, robes, knitted and woven sleepwear, sleep shirts, pajama tops, pajama bottoms
    22. Underwear, sleepwear and loungewear for men and boys, namely, breakfast jackets, smoking jackets, bed jackets, cover-ups
    23. Knitted and woven loungewear, lounging pants, and tops, lounge jackets
    24. Intimate apparel and bodywear for women and girls, namely, underwear, sleepwear and loungewear
    25. Belts
    26. Belts [clothing].
  • The mark was filed in class 29 with following description of goods:
    1. Dairy substitutes
    2. Dairy product substitutes
    3. Milk substitutes
    4. Milk substitutes containing oats
    5. Oat milk [milk substitute]
    6. Oat-based beverages and drinks for use as a milk substitute
    7. Milk substitute based beverages and drinks [milk substitute predominating]
    8. Almond milk, almond milk-based beverages
    9. Coconut milk, coconut milk-based beverages
    10. Hemp milk used as milk substitute
    11. Peanut milk, peanut milk-based beverages
    12. Rice milk, rice milk for use as milk substitute
    13. Soya milk, soya bean milk, soya milk [milk substitute]
    14. Functional milk substitute beverages
    15. Fruit-flavored oat-based drinks
    16. Milk substitute-based drinks containing coffee
    17. Yoghurt substitutes
    18. Yoghurt substitutes containing oats
    19. Milk substitute preparations for making yoghurt
    20. Oat-based yoghurt substitute
    21. Oat-based yoghurt and drinking yoghurt free of milk and lactose
    22. Yoghurt and drinking yoghurt substitutes containing oats
    23. Fruit-flavored yoghurt substitutes
    24. Fruit-flavored yoghurt substitutes containing oats
    25. Sour milk substitutes
    26. Sour cream substitutes
    27. Sour milk substitutes containing oats
    28. Sour cream substitutes containing oats
    29. Cream substitutes
    30. Crème fraiche substitutes
    31. Cream substitutes containing oat
    32. Crème fraiche substitutes containing oats
    33. Non-dairy creamer
    34. Oat-based cooking cream and creamer
    35. Vegetable based cream
    36. Butter substitutes, margarine substitutes
    37. Oat-based butter substitutes
    38. Oat-based margarine substitutes
    39. Dairy substitutes cheese products
    40. Dairy substitutes cheese mixtures
    41. Dairy substitutes cheese powder
    42. Cheese substitutes
    43. Oat-based cheese
    44. Instant powder dairy substitutes
    45. Milk substitute powder, milk substitute powder for food and nutritional purposes
    46. Dried milk substitute powder, cream substitute powder
    47. Flavored milk substitute powder for making drinks
    48. Vegetable powders
    49. Coconut milk powder
    50. Compotes, fruit and vegetable spreads
    51. Processed fruit, fruit snacks
    52. Fruit chips
    53. Fruit-based snack foods
    54. Fruit juices for cooking
    55. Vegetable juices for cooking
    56. Vegetable juice concentrates for food
    57. Oat-based and vegetable based dairy substitute products for slimming purposes
    58. Oat-based dietary supplement drink mixes [milk substitutes]
    59. Oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages [milk substitutes]
    60. Soup powders.
  • The mark was filed in class 30 with following description of goods:
    1. Flour, oat-based food and foodstuffs
    2. Oatmeal, rolled oats
    3. Cereals, processed cereals
    4. Food preparations and foodstuffs made from cereals
    5. Crisps made of cereals
    6. Breakfast cereals
    7. Breakfast cereals containing fibre
    8. Breakfast cereals containing a mixture of fruit and fibre
    9. Cereals flakes
    10. Muesli consisting predominantly of cereals
    11. Cereal bars and energy-bars
    12. Cereal powders
    13. Oat flakes
    14. Muesli
    15. Oat-based gruel
    16. Snack foods consisting principally of grain
    17. Snack foods consisting principally of extruded cereals
    18. Cereal snacks
    19. Snack foods and snack products made from cereals
    20. Snacks made from muesli
    21. Snack foods made of whole wheat
    22. Bread
    23. Wholemeal bread and bread mixes
    24. Wholeweat bread and crisps
    25. Biscuits
    26. Pastry and confectionery
    27. Oat-based cake mixes, oat-based biscuit mixes
    28. Coffee
    29. Decaffeinated coffee
    30. Instant coffee
    31. Coffee (roasted, in powder form)
    32. Artificial coffee
    33. Coffee drinks and beverages
    34. Coffee-based drinks and beverages
    35. Coffee-based drinks and beverages containing milk substitutes
    36. Pancakes
    37. Waffles
    38. Pancake batter
    39. Liquid batter for making pancakes
    40. Oat-based pancakes
    41. Oat-based waffles
    42. Oat-based pancake batter
    43. Oat-based liquid batter for making pancakes
    44. Powdered preparations containing cocoa for use in making beverages
    45. Oat-based drinks in powder form
    46. Food dressings [sauces]
    47. Sauces
    48. Cooking sauces
    49. Prepared foodstuffs in the form of sauces
    50. Oat-based sauces
    51. Oat-based custard
    52. Oat-based vanilla custard
    53. Oat-based vanilla sauce
    54. Ice cream substitute
    55. Ice cream
    56. Ice cream made from milk substitutes
    57. Non-dairy ice cream
    58. Oat-based ice cream
    59. Oat-based flavoured ice-cream
    60. Oat-based fruit ice-cream
    61. Flavoured ice-cream
    62. Fruit ice-cream
    63. Soy-based ice cream
    64. Milk substitutes frozen yoghurt
    65. Non-dairy frozen yoghurt
    66. Fermented foodstuffs based on oats
    67. Acidified food-stuffs based on oat
    68. Oat-based grains and cereals products for slimming purposes
    69. Grain-based products for slimming purposes
    70. Oat-based food spread.
  • The mark was filed in class 32 with following description of goods:
    1. Preparations for making beverages
    2. Non-alcoholic beverages
    3. Non-alcoholic drinks
    4. Oat-based beverages
    5. Oat-based natural energy drinks
    6. Oat-based breakfast drinks
    7. Oat-based fruit drink beverages
    8. Oat-based smoothie beverages
    9. Oat-based fruit and berry drinks and beverages
    10. Oat-based drinks and beverages for slimming purposes
    11. Energy drinks
    12. Energy drinks containing caffeine
    13. Recovery drinks
    14. Sports drinks
    15. Functional beverages
    16. Functional water-based beverages
    17. Nut and soy based beverages
    18. Powders for the preparation of beverages, powders used in the preparation of fruit-based drinks and beverages
    19. Oat-based dietary supplement drink mixes [not milk substitutes]
    20. Oat-based dietary supplemental drinks in the nature of vitamin and mineral beverages [not milk substitutes]
    21. Powders for the preparation of beverages
    22. Powders for use in preparation of fruit based beverages.
  • The mark was filed in class 35 with following description of goods:
    1. Business management of wholesale and retail outlets
    2. Retail services in relation to food and foodstuffs, beverages and drinks, food supplements and dietary food supplements, dietary supplements and dietic preparations
    3. Retail services in relation to functional foods, functional health foods and functional beverages, slimming products
    4. Retail services in relation to dairy substitutes and dairy product substitutes, processed grains, oats and oat-based products
    5. Retail services in relation to books, bumper stickers, cards, calendars, printed recipe cards, printed matter, posters, pens, photographs, recipe books, stickers, prints, adhesive stickers, magazines
    6. Retail services in relation to apparatus for recording, transmission or reproduction of sound and images
    7. Retail services in relation to gloves, belts, wallets, hand bags, cases and bags
    8. Retail services in relation to software, eyewear, clothing, footwear, headwear
    9. Retail services in relation to precious metals, key rings, cuff links, tie pins, tie clips, clocks, watches, jewelry and precious stones
    10. Online retail services relating to food and foodstuffs, beverages and drinks, food supplements and dietary food supplements, dietary supplements and dietic preparations
    11. Online retail services relating to functional foods, functional health foods and functional beverages, slimming products
    12. Online retail services relating to dairy substitutes and dairy product substitutes, processed grains, oats and oat-based products
    13. Online retail services relating to apparatus for recording, transmission or reproduction of sound and images
    14. Online retail services relating to gloves, belts, wallets, hand bags, cases and bags
    15. Online retail services relating to software, eyewear, clothing, footwear, headwear
    16. Online retail services relating to precious metals, key rings, cuff links, tie pins, tie clips, clocks, watches, jewelry and precious stone.
  • The mark was filed in class 43 with following description of goods:
    1. Provision of food and drink
    2. Café services and cafeteria services
    3. Cafés and cafeterias
    4. Take away food and drink services
    5. Take away café and cafeteria services.