The trademark JustYummy was filed by JustYummy UG (haftungsbeschränkt), a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 12, 2021, and received one opposition filed on July 11, 2021 by tri d'Aix GmbH on Likelihood of confusion. the opponent was represented by DOMPATENT VON KREISLER SELTING WERNER - PARTNERSCHAFT VON PATENTANWÄLTEN UND RECHTSANWÄLTEN MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 11, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003150480 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 26, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Application software for wireless devices
Recorded content
Media content
Computer software, recorded
Electronic publications, downloadable
Encoded cards
Computer software applications, downloadable.
The mark was filed in class 16 with following description of goods:
Decoration and art materials and media
Printed matter
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Plastic bags for wrapping and packaging
Labels of paper
Bags made of paper for packaging
Paper bags
Paper emblems
Filtering materials of paper
Printed recipe cards
Printed promotional material
Printed coupons
Paper and cardboard
Cookery books
Packaging materials
Magazines [periodicals].
The mark was filed in class 29 with following description of goods:
Broth [soup]
Artificial milk based desserts
Desserts made from milk products
Egg substitutes
Cooked meals consisting principally of fish
Extracts of vegetables [juices] for cooking
Chilled foods consisting predominately of fish
Prepared meals made from meat [meat predominating]
Tajine [prepared meat, fish or vegetable dish]
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Prepared meat dishes
Prepared vegetable dishes
Ready cooked meals consisting primarily of chicken
Ready cooked meals consisting primarily of turkey
Prepared entrees consisting primarily of seafood
Dishes of fish
Pre-packaged dinners consisting primarily of seafood
Instant soup
Fish, seafood and molluscs spreads
Fish, not live
Fish, seafood and molluscs, not live
Meat
Meat substitutes
Fruit-based snack food
Jellies, jams, compotes, fruit and vegetable spreads
Milk
Dairy products and dairy substitutes
Nut-based snack foods
Edible oils and fats
Snack foods based on vegetables
Meat-based snack foods
Tofu-based snacks
Mixes for making soup
Processed potatoes
Fruit, processed
Vegetables, processed
Processed meat products
Processed Pulses
Processed seafood
Cut vegetables
Pre-cut vegetables
Frozen vegetables
Vegetables, cooked
Cooked fruits
Frozen fruits
Mixtures of fruit and nuts
Sausages
Prepared salads
Prepared vegetable products
Milk-based snacks
Jellies for food.
The mark was filed in class 30 with following description of goods:
Processed cereals
Prepared pasta
Pasta-based prepared meals
Bread
Puddings
Dessert souffles
Mousses (Dessert -) [confectionery]
Prepared desserts [confectionery]
Prepared desserts [pastries]
Ice, ice creams, frozen yogurts and sorbets
Snack food products made from cereal starch
Cereal-based snack food
Snack food products made from potato flour
Snack foods made of whole wheat
Snack food products made from rusk flour
Rice-based snack food
Multigrain-based snack foods
Snack food products made from maize flour
Cereal-based snack food
Tortilla snacks
Snack food products made from potato flour
Cereal-based snack food
Cereal-based savoury snacks
Snacks manufactured from muesli
Rice-based prepared meals
Prepared rice dishes
Tea-based beverages
Coffee-based beverages
Dried and fresh pastas, noodles and dumplings
Coffee, teas and cocoa and substitutes therefor
Cake powder
Flour
Farinaceous foods
Savory sauces, chutneys and pastes
Prepared pizza meals
Rice
Sandwiches
Sauces [condiments]
Salts, seasonings, flavourings and condiments
Doughs, batters, and mixes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Sweetmeats [candy]
Grain-based chips
Savory biscuits.
The mark was filed in class 31 with following description of goods:
Fresh fruits, nuts, vegetables and herbs
Foodstuffs and fodder for animals
Potatoes, fresh
Agricultural and aquacultural crops, horticulture and forestry products.
The mark was filed in class 35 with following description of goods:
Outsourcing services in the nature of arranging procurement of goods for others
Provision of an online marketplace for buyers and sellers of goods and services
Coupon procurement services for others
Wholesale services in relation to cookware
Mail order retail services related to foodstuffs
Retail services in relation to cookware
Wholesale services in relation to cutlery
Wholesale services in relation to tableware
Wholesale services in relation to refrigerating equipment
Retail services in relation to refrigerating equipment
Wholesale services in relation to cooling equipment
Retail services in relation to cooling equipment
Wholesale services in relation to furnishings
Retail services in relation to furnishings
Retail services in relation to tableware
Retail services in relation to cutlery
Retail services relating to food
Retail services relating to kitchen knives
Wholesale services in relation to kitchen knives
Retail services in relation to foodstuffs
Wholesale services in relation to foodstuffs
Wholesale services in relation to freezing equipment
Retail services in relation to freezing equipment
Wholesale services in relation to food cooking equipment
Retail services in relation to coffee
Wholesale services in relation to coffee
Wholesale services in relation to kitchen appliances
Retail services in relation to kitchen appliances
Wholesale services in relation to cleaning preparations
Retail services in relation to cleaning preparations
Wholesale services in relation to cleaning articles
Retail services in relation to cleaning articles
Wholesale services relating to candy
Wholesale services in relation to dairy products
Retail services relating to candy
Retail services in relation to dairy products
Wholesale services in relation to chocolate
Retail services in relation to chocolate
Providing consumer product information relating to software
Retail services in relation to computer software
Wholesale services in relation to computer software
Retail services in relation to bags
Wholesale services in relation to bags
Retail store services in the field of clothing
Retail services connected with the sale of clothing and clothing accessories
Wholesale services in relation to clothing
Retail services in relation to clothing
Retail services in relation to clothing accessories
Wholesale services in relation to fodder for animals
Retail services in relation to fodder for animals
Wholesale services in relation to non-alcoholic beverages
Mail order retail services related to non-alcoholic beverages
Retail services relating to alcoholic beverages
Retail services in relation to non-alcoholic beverages
Wholesale services in relation to animal grooming preparations
Retail services in relation to animal grooming preparations
Presentation of goods and services
Presentation of financial products on communication media, for retail purposes
Presentation of goods on communication media, for retail purposes
Sales promotion for others
Negotiation and conclusion of commercial transactions for third parties
Procurement of contracts [for others]
Administrative order processing
Advertising, marketing and promotional services
Providing a searchable online advertising guide featuring the goods and services of other on-line vendors on the internet
Compilation and systematisation of information in databanks
Promoting the goods and services of others
Ordering services for third parties.
The mark was filed in class 36 with following description of goods:
Issuing gift certificates which may then be redeemed for goods or services
Issuance of credit cards
Issue of tokens, coupons and vouchers of value
Electronic payment services.
The mark was filed in class 39 with following description of goods:
Transportation information
Delivery of goods
Delivery of groceries
Delivery of food and drink prepared for consumption
Transport brokerage
Storage information
Distribution services
Delivery of hampers containing food and drink
Transportation and delivery of goods
Despatch of goods.
The mark was filed in class 41 with following description of goods:
Provision of educational services relating to diet
Correspondence courses relating to cookery
Development of educational courses and examinations
Publication of printed matter
Education services relating to cooking
Providing online electronic publications, not downloadable
Publishing services
Arranging of lectures
Writing of texts, other than publicity texts
Publication of books, magazines, almanacs and journals
Publication of electronic books and periodicals on the Internet
Instruction in diet [not medical].
The mark was filed in class 43 with following description of goods:
Consulting services in the field of culinary arts
Catering for the provision of food and beverages
Reservation services for booking meals
Information and advice in relation to the preparation of meals
Services for the preparation of food and drink
Consultancy services in the field of food and drink catering
Personal chef services
Supplying of meals for immediate consumption
Advice concerning cooking recipes
Making reservations and bookings for restaurants and meals
Take-out restaurant services
Provision of information relating to the preparation of food and drink.
The mark was filed in class 44 with following description of goods:
Nutritional advice
Health advice and information services
Nutrition counseling
Nutrition consultancy
Providing information relating to dietary and nutritional guidance
Providing information about dietary supplements and nutrition.
The mark was filed in class 45 with following description of goods: