The trademark Madame Julia was filed by Cem CAYIR, a national of the French Republic (the "Applicant") and Cuneyt CAYIR, a national of the French Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on April 5, 2021, and received one opposition filed on June 30, 2021 by Oy Karl Fazer Ab on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CASTREN & SNELLMAN ATTORNEYS LTD. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 30, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R1193/2023-1 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on January 17, 2024 by the EUIPO. The Opposition with reference B 003149862 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 27, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Printed matter
Photographs [printed]
Stationery
Adhesives for stationery or household purposes
Paper
Cardboard
Boxes of paper or cardboard
Posters
Cards
Newspapers
Prospectuses
Pamphlets
Paintings [pictures], framed or unframed
Graphic prints
Table linen of paper
Bags [envelopes, pouches] of paper or plastics, for packaging
Cookery books
Cookery books
Recipe book rests
All the aforesaid goods other than romance novels.
The mark was filed in class 21 with following description of goods:
Utensils for household purposes
Kitchen utensils
Household containers
Kitchen containers
Sponges
Brushes
Material for brush-making
Cleaning instruments, hand-operated
Glass, unworked or semi-worked, except building glass
Vases
Porcelain ware
Earthenware
Bottles
Works of art of porcelain, ceramic, earthenware or glass
Statues of porcelain, ceramic, earthenware or glass
Figurines [statuettes] of porcelain, ceramic, earthenware or glass
Glassware
Tableware, other than knives, forks and spoons
Table plates
Mugs
Cups
Bowls [basins].
The mark was filed in class 29 with following description of goods:
Meat
Fish, not live
Poultry
Game, not live
Meat extracts
Fruit, preserved
Frozen fruits
Dried fruit
Cooked fruits
Vegetables, preserved
Frozen vegetables
Vegetables, dried
Vegetables, cooked
Jellies for food
Jams
Compotes
Eggs
Milk
Milk products
Cream
Edible oils and fats
Edible fats
Butter
Charcuterie
Salted meats
Crustaceans, not live
Meat preserves
Bottled fish
Cheese
Beverages having a milk base
Nut-based spreads
Peanut paste
Peanut butter.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Sugar
Rice
Tapioca
Flour
Cereal preparations
Bread
Rusks
Honey
Treacle
Yeast
Baking powder
Salt
Mustard
Vinegar
Sauces [condiments]
Spices
Ice for refreshment
Sandwiches
Pizzas
Coffee-based beverages
Tea-based beverages
Prepared meals containing [principally] pasta
Meals consisting primarily of rice
Meals consisting primarily of pasta.
The mark was filed in class 32 with following description of goods:
Beer
Mineral water [beverages]
Aerated water
Fruit-based beverages
Juices
Syrups for beverages
Non-alcoholic preparations for making beverages
Lemonades
Fruit nectars, non-alcoholic
Soda water
Aperitifs, non-alcoholic.
The mark was filed in class 43 with following description of goods: