The trademark NIKI'S by TSABASSIS was filed by TSABASSIS S.A. - FOOD INDUSTRY, a corporation established under the laws of the Hellenic Republic (the "Applicant"). The application was published for oppositions on March 18, 2021, and received one opposition filed on June 17, 2021 by Giolito AG on Likelihood of confusion. the opponent was represented by TER MEER STEINMEISTER & PARTNER PATENTANWÄLTE MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 17, 2021
The application was filed in Greek, and Greek was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat
Fresh meat
Frozen meat
Mincemeat [chopped meat]
Meat, tinned
Freeze-dried meat
Fish, seafood and molluscs, not live
Frozen fish
Cooked meals consisting principally of fish
Fish, seafood and molluscs spreads
Processed fish products for human consumption
Pickled fish
Poultry
Fresh poultry
Frozen poultry
Extracts of poultry
Deep-frozen poultry
Prepared meals made from poultry [poultry predominating]
Frozen meals consisting primarily of poultry
Ready cooked meals consisting wholly or substantially wholly of poultry
Poultry salads
Jellies, jams, compotes, fruit and vegetable spreads
Eggs
Prepared meals containing [principally] eggs
Milk
Cream [dairy products]
Low fat dairy spreads
Frozen eggs
Frozen shellfish
Frozen seafood
Frozen fruits
Frozen meat products
Fish products being frozen
Frozen appetizers consisting primarily of seafood
Frozen meals consisting primarily of meat
Frozen meals consisting primarily of fish
Frozen meals consisting primarily of chicken
Frozen prepared meals consisting principally of vegetables
Extracts for soups
Meat extracts
Vegetable extracts for food
Quick-frozen vegetable dishes
Vegetable spreads
Vegetable-based spreads
Soups and stocks, meat extracts
Preparations for making soup
Pre-cooked soup
Vegetable salads
Pre-cut vegetable salads
Vegetarian charcuterie
Shepherd's pie
Fruit pie fillings
Pie fillings of meat
Fruit-based fillings for cakes and pies
Potato pancakes
Soft white cheese
Cheese powder
Cheese
Pieces of chicken for use as a filling in sandwiches
Fruit-based fillings for cobblers
Fish crackers
Potato-based dumplings
Ready cooked meals consisting primarily of turkey
Ready cooked meals consisting primarily of chicken
Ready cooked meals consisting wholly or substantially wholly of game
Prepared meals consisting primarily of meat substitutes
Prepared meals consisting primarily of duck
Prepared meals containing [principally] bacon
Prepared meals consisting primarily of kebab
Prepared meals containing [principally] chicken
Prepared meals consisting primarily of fish
Prepared meals consisting substantially of seafood
Prepared meals consisting principally of vegetables
Prepared meals consisting primarily of turkey
Prepared meals made from meat [meat predominating]
Ready cooked meals consisting wholly or substantially wholly of meat
Chilled meals made from fish
Cooked meat dishes
Compotes
Fruit preserves
Vegetables, processed
Preserved vegetables
Vegetables, cooked
Prepared vegetable dishes
Processed fruits, fungi, vegetables, nuts and pulses
Pre-cut vegetables for salads
Vegetable-based entrees
Vegetable-based meat substitutes
Vegetable-based chips
Artificial milk based desserts
Yoghurt desserts
Bacon.
The mark was filed in class 30 with following description of goods:
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Coffee
Tea
Cocoa
Artificial coffee
Rice
Mixed flour for food
Tapioca
Rice tapioca
Tapioca flour
Flour of oats
Vegetable flour
Enriched farina [meal]
Pizza flour
Flour ready for baking
Wheat starch flour
Oilseed flour for food
Toasted grain flour
Nut flours
Flour
Soya flour for food
Sandwiches
Wraps [sandwich]
Sandwiches containing fish
Hot dog sandwiches
Turkey sandwiches
Filled bread rolls
Sandwiches containing salad
Hamburgers contained in bread rolls
Sandwiches containing minced beef
Frankfurter sandwiches
Sandwiches containing fish fillet
Pastries
Bread flavoured with spices
Bread rolls
Soft rolls [bread]
Rusks
Poppadums
Scones
Buns
Bacon buns
Bun mix
Steamed bread
Dinner rolls
Cornflour bun bread (almojábana)
Savory biscuits
Bean jam buns
Hot sausage and ketchup in cut open bread rolls
Onion biscuits
Nut confectionery
Confectionery in frozen form
Ice confectionery in the form of lollipops
Dairy confectionery
Confectionery containing jam
Chocolate flavoured confectionery
Frozen confectionery containing ice cream
Yeast
Instant yeast
Yeast extracts for human consumption
Yeast powder
Barm cakes
Ferments for pastes
Yeast and leavening agents
Filled yeast dough with fillings consisting of vegetables
Filled yeast dough with fillings consisting of meat
Yeast for use as an ingredient in foods
Mustard
Vinegar
Ice for refreshment
Doughs, batters, and mixes therefor
Dough
Puff pastry
Dough mix
Empanada dough
Pizza dough
Cake doughs
Wafer doughs
Dough flour
Shortcrust pastry
Cookie dough
Sour dough
Foodstuffs made from dough
Fried dough twists
Biscotti dough
Pastry dough
Batter for making pancakes
Rolled fondant
Pizza bases
Frozen biscotti dough
Pizza dough mix
Deep-fried dough sticks (Youtiao)
Dumpling skins
Poppy seed pastry
Frozen cookie dough
Frozen pastry stuffed with meat
Filled yeast dough with fillings consisting of fruits
Ready-to-bake dough products
Graham cracker pie crusts
Brownie dough
Pâtés en croûte
Frozen brownie dough
Crumble
Tamales
Batter mixes for okonomiyaki [Japanese savoury pancakes]
Egg rolls
Frozen pastry sheets
Batter mixes
Bread doughs
Frozen dough
Farinaceous food pastes for human consumption
Danish pastries
Danish bread
Pastry shells
Flaky pastry containing ham
Vol-au-vents
Frozen pastries
Frozen dairy confections
Frozen confections on a stick
Frozen pizzas
Frozen waffles
Frozen pancakes
Frozen cakes
Frozen pastry stuffed with vegetables
Frozen pastry stuffed with meat and vegetables
Bread-based stuffing mixes
Stuffing mixes [foodstuffs]
Covered tarts
Filled baguettes
Stuffing mixes containing bread
Bread casings filled with fruit
Fruit filled pastry products
Confectionery having liquid fruit fillings
Sweet glazes and fillings
Frozen meals consisting primarily of pasta
Savory sauces, chutneys and pastes
Freeze-dried dishes with the main ingredient being pasta
Ice cream stick bars
Cones for ice cream
Ice cream desserts
Powders for making ice cream
Ice cream mixes
Ice cream confectionery
Iced fruit cakes
Ice cream
Frozen yoghurt [confectionery ices]
Edible ices
Pies
Pot pies
Pizzas
Fruit cakes
Fresh pies
Vegetable pies
Pitta bread
Won ton wrappers
Pies containing poultry
Taco shells
Egg pies
Blueberry pies
Pastries containing creams
Pies containing meat
Chicken wraps
Pies containing vegetables
Pies containing fish
Pies [sweet or savoury]
Frozen yogurt pies
Pork pies
Prepared pie crust mixes
Chocolate-based fillings for cakes and pies
Custard-based fillings for cakes and pies
Millet cakes
Pastries consisting of vegetables and poultry
Potato-based flatbreads
Nan bread
Pies containing game
Poultry and game meat pies
Filo pastry
Cream pies
Pastries consisting of vegetables and meat
Non-meat pies
Apple tarts
Croissants
Pains au chocolat
Phyllo dough
Tarts
Pastries containing fruit
Quiches
Egg tarts
Tart shells
Treacle tarts
Tarts [sweet or savoury]
Custard tarts
Pastries, cakes, tarts and biscuits (cookies)
Sauces
Pepper sauces
Soya sauce
Chocolate topping
Concentrated sauce
Cheese sauce
Spicy sauces
Ready-made sauces
Horseradish sauces
Sauces [condiments]
Cooking sauces
Meat gravies
Fish sauce
Salsas
Mushroom sauces
Curry sauces
Dressings for salad
Canned sauces
Sauces for pizzas
Confectionery
Meringues
Strawberry gateaux
Fudge
Sweetmeat made of sesame oil
Petits fours [cakes]
Doughnuts
Flour for doughnuts
Doughnut mixes
Instant doughnut mixes
Confectionery items coated with chocolate
Bakery goods
Gluten-free bakery products
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Cinnamon [spice]
Peppers [seasonings]
Cloves [spice]
Helichrysum [spices]
Alimentary seasonings
Oats
Pasta
Deep frozen pasta
Waffles
Plum-cakes
Almond cake
Rice cakes
Cakes
Moon cakes
Breakfast cake
Cake batter
Cake flour
Pancakes
Crackers
Rice crackers
Salt crackers
Crackers flavoured with cheese
Crackers flavoured with spices
Prawn crackers
Crackers flavoured with meat
Crackers flavoured with fruit
Crackers filled with cheese
Crackers made of prepared cereals
Crackers flavoured with vegetables
Hardtack [biscuits]
Cereal-based snack food
Rice-based snack food
Dumplings
Fish dumplings
Potstickers [dumplings]
Shrimp dumplings
Flour for making dumplings of glutinous rice
Rice dumplings dressed with sweet bean jam (ankoro)
Rice dumplings
Flour-based dumplings
Custard
Pralines
Dutch rusk
Flour based savory snacks
Brioches
Jam filled brioches
Chocolate candies
Chocolate desserts
Prepared desserts [chocolate based]
Prepared desserts [pastries].
The mark was filed in class 35 with following description of goods:
Retail services in relation to foodstuffs
Retail services via catalogues related to foodstuffs
Unmanned retail store services relating to food
Mail order retail services related to foodstuffs
Retail services via global computer networks related to foodstuffs
Wholesale services in relation to foodstuffs
Retail services relating to bakery products
Retail services in relation to baked goods
Retail services relating to candy
Retail services in relation to confectionery
Wholesale services in relation to baked goods
Wholesale services in relation to confectionery
Retail services via global computer networks related to alcoholic beverages (except beer)
Retail services via global computer networks related to non-alcoholic beverages
Retail services via catalogues related to non-alcoholic drinks
Wholesale services in relation to alcoholic beverages (except beer)
Unmanned retail store services relating to drink
Retail services in relation to non-alcoholic beverages
Retail services relating to alcoholic beverages
Assistance in product commercialization, within the framework of a franchise contract
Franchising services providing business assistance
Retail services in relation to desserts
Wholesale services in relation to desserts.
The mark was filed in class 39 with following description of goods:
Distribution services
Food delivery services
Distribution [transport] of goods by road
Distribution [transport] of goods by air
Distribution [transport] of retail goods
Distribution services relating to beverages, such as alcoholic beverages
Land freight services
Drayage services
Freight ship transport
Collection, transport and delivery of goods
Storage of cargo
Transportation of goods in refrigerated conditions
Refrigerated transport of food
Refrigerated transport of frozen goods
Frozen food storage services
Storage of frozen food in warehouses
Packing of food
Food storage services
Rental of frozen food lockers
Delivery of food and drink prepared for consumption
Packaging and storage of goods.
The mark was filed in class 43 with following description of goods:
Food and drink catering
Outside catering services
Hotel catering services
Business catering services
Catering services for company cafeterias
Catering services for schools
Catering services for hospitals
Catering services for educational establishments
Catering services for retirement homes
Catering services for the provision of food
Services for providing food
Services for providing drink
Consultancy services in the field of food and drink catering