018408930

Magic Cook

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February 23, 2021

Trademark Summary

The trademark Magic Cook was filed by YIHAI (CHINA) FOOD CO., LIMITED, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on March 25, 2021, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on June 27, 2021 by CNA International, Inc on Likelihood of confusion. the opponent was represented by BALLESTER IP and its proceedings were handled in English The second opposition filed on June 24, 2021 by CAMPOFRIO FOOD GROUP, S.A.U. on Likelihood of confusion. the opponent was represented by PONS IP, S.A. and its proceedings were handled in English

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

The Appeal with reference B R1849/2022-4 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on March 2, 2023 by the EUIPO. The Opposition with reference B 003149523 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on July 21, 2022 by the EUIPO.

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Goods And Services

• The mark was filed in class 29 with following description of goods:
  
  1. Fish fillets
  2. Grilled fish fillets
  3. Dried fish meat
  4. Processed fish
  5. Boiled and dried fish
  6. Fish, not live
  7. Meat
  8. Processed olives
  9. Vegetables, preserved
  10. Eggs
  11. Milk products
  12. Nuts, prepared
  13. Dried truffles [edible fungi]
  14. Fish cakes
  15. Fish sticks
  16. Canned seafood
  17. Fish-based foodstuffs.
• The mark was filed in class 30 with following description of goods:
  
  1. Sugar paste
  2. Cereal-based snack food
  3. Rice-based snack food
  4. Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
  5. Instant rice
  6. Rice-based prepared meals
  7. Instant noodles
  8. Puffed corn snacks
  9. Puffed rice
  10. Rice crackers
  11. Rice crisps
  12. Condiments
  13. Seasonings.
• The mark was filed in class 43 with following description of goods:
  
  1. Canteen services
  2. Hotel services
  3. Restaurant services
  4. Snack-bar services
  5. Supplying of meals for immediate consumption
  6. Rental of meeting rooms
  7. Rental of chairs, tables, table linen, glassware
  8. Rental of cooking apparatus
  9. Boarding house bookings
  10. Food and drink catering.