The trademark KALOU was filed by Schoga4 Gastronomie GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on March 23, 2021, and received one opposition filed on April 7, 2021 by ADEGA DO MONTE BRANCO DE ESTREMOZ, UNIPESSOAL LDA. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MARQUESMARCAS and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 7, 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 003143873 was Reject opposition: opposition not admissible according to Article 8(1)(a) EUTMR with decision issued on December 19, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat
Fish, not live
Cooked poultry
Poultry
Game, not live
Tofu
Coconut milk.
The mark was filed in class 30 with following description of goods:
Thickening agents for cooking foodstuffs
Flowers or leaves for use as tea substitutes
Chutneys [condiments]
Curry [spice]
Tea
Rice
Pasta
Noodles
Freeze-dried dishes with the main ingredient being pasta
Freeze-dried dishes with the main ingredient being rice
Spices
Condiments
Turmeric
Sauces [condiments].
The mark was filed in class 32 with following description of goods:
Beer
Mineral and aerated waters
Soft drinks
Fruit drinks
Juices
Syrups and other non-alcoholic preparations for making beverages.
The mark was filed in class 33 with Alcoholic beverages (except beer) and Alcoholic fruit cocktail drinks..
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions services
Book-keeping and accounting services
Compilation of information into computer databases
Computerized file management
Updating and maintenance of data in computer databases
Commercial administration of the licensing of the goods and services of others
Procurement services for others [purchasing goods and services for other businesses]
Outdoor advertising
Design of advertising materials
Television advertising
Providing business information via a web site
Demonstration of goods
Compiling indexes of information for commercial or advertising purposes
Rental of sales stands
Alcoholic beverage procurement services for others [purchasing goods for other businesses].
The mark was filed in class 43 with following description of goods: