The trademark Just Vanilla JUST VANILLA was filed by TSI Consumer Goods GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 2, 2021, and received one opposition filed on November 1, 2021 by Just Spices GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by OSBORNE CLARKE (HAMBURG) and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 1, 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 003157561 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 22, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 30 with following description of goods:
Pastries, cakes, tarts and biscuits (cookies)
Cereal bars and energy bars
Sweets (candy), candy bars and chewing gum
Bakery goods
Custard
Dairy confectionery
Non-medicated flour confectionery
Non-medicated chocolate
Non-medicated confectionery products
Salted biscuits
Custards [baked desserts]
Prepared desserts [confectionery]
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas and cocoa and substitutes therefor
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Vanilla
Custard
Vanilla flavorings
Vanilla beans
Custard powder
Custard tarts
Custard mixes
Vanilla flavourings for culinary purposes
Frozen custards.
The mark was filed in class 35 with following description of goods:
Retail services in relation to pastries, cakes, tarts and biscuits (cookies)
Retail services in relation to cereal bars and energy bars
Retail services in relation to sweets (candy), candy bars and chewing gum
Retail services relating to bakery products
Retail services in relation to custard
Retail services in relation to dairy confectionery
Retail services in relation to non-medicated flour confectionery
Retail services in relation to non-medicated chocolate
Retail services in relation to non-medicated confectionery products
Retail services, Relating to salted biscuits
Retail services in relation to custards [baked desserts]
Retail services in relation to prepared desserts [confectionery]
Retail services in relation to ice, ice creams, frozen yogurts and sorbets
Retail services in relation to coffee, teas and cocoa and substitutes therefor
Retail services in relation to salts, seasonings, flavourings and condiments
Retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Retail services in relation to vanilla
Retail services in relation to custard
Retail services in relation to vanilla flavorings
Retail services in relation to vanilla beans
Retail services in relation to custard powder
Retail services in relation to custard tarts
Retail services in relation to custard mixes
Retail services in relation to vanilla flavourings for culinary purposes
Retail services in relation to frozen custards
Wholesale services in relation to pastries, cakes, tarts and biscuits (cookies)
Wholesale services in relation to cereal bars and energy bars
Wholesale services in relation to sweets (candy), candy bars and chewing gum
Wholesale services in relation to baked goods
Wholesale services in relation to custard
Wholesale services in relation to dairy confectionery
Wholesale services in relation to non-medicated flour confectionery
Wholesale services in relation to non-medicated chocolate
Wholesale services in relation to non-medicated confectionery products
Wholesaling services, Relating to salted biscuits
Wholesale services in relation to custards [baked desserts]
Wholesale services in relation to prepared desserts [confectionery]
Wholesale services in relation to ice, ice creams, frozen yogurts and sorbets
Wholesale services in relation to coffee, teas and cocoa and substitutes therefor
Wholesale services in relation to salts, seasonings, flavourings and condiments
Wholesale services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Wholesale services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Wholesale services in relation to vanilla
Wholesale services in relation to custard
Wholesale services in relation to vanilla flavorings
Wholesale services in relation to vanilla beans
Wholesale services in relation to custard powder
Wholesale services in relation to custard tarts
Wholesale services in relation to custard mixes
Wholesale services in relation to vanilla flavourings for culinary purposes
Wholesale services in relation to frozen custards
Online retail services in relation to pastries, cakes, tarts and biscuits (cookies)
Online retail services in relation to cereal bars and energy bars
Online retail services in relation to sweets (candy), candy bars and chewing gum
Online retail services in relation to bakery goods
Online retail services in relation to custard
Online retail services in relation to dairy confectionery
Online retail services in relation to non-medicated flour confectionery
Online retail services in relation to non-medicated chocolate
Online retail services in relation to non-medicated confectionery products
On-line retailing, Relating to salted biscuits
Online retail services in relation to custards [baked desserts]
Online retail services in relation to prepared desserts [confectionery]
Online retail services in relation to ice, ice creams, frozen yogurts and sorbets
Online retail services in relation to coffee, teas and cocoa and substitutes therefor
Online retail services in relation to salts, seasonings, flavourings and condiments
Online retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Online retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Online retail services in relation to vanilla
Online retail services in relation to custard
Online retail services in relation to vanilla flavorings
Online retail services in relation to vanilla beans
Online retail services in relation to custard powder
Online retail services in relation to custard tarts
Online retail services in relation to custard mixes
Online retail services in relation to vanilla flavourings for culinary purposes
Online retail services in relation to frozen custards
Mail order retail services in relation to pastries, cakes, tarts and biscuits (cookies)
Mail order retail services in relation to cereal bars and energy bars
Mail order retail services in relation to sweets (candy), candy bars and chewing gum
Mail order retail services in relation to bakery goods
Mail order retail services in relation to custard
Mail order retail services in relation to dairy confectionery
Mail order retail services in relation to non-medicated flour confectionery
Mail order retail services in relation to non-medicated chocolate
Mail order retail services in relation to non-medicated confectionery products
Mail order retailing, Relating to salted biscuits
Mail order retail services in relation to custards [baked desserts]
Mail order retail services in relation to prepared desserts [confectionery]
Mail order retail services in relation to ice, ice creams, frozen yogurts and sorbets
Mail order retail services in relation to coffee, teas and cocoa and substitutes therefor
Mail order retail services in relation to salts, seasonings, flavourings and condiments
Mail order retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Mail order retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Mail order retail services in relation to vanilla
Mail order retail services in relation to custard
Mail order retail services in relation to vanilla flavorings
Mail order retail services in relation to vanilla beans
Mail order retail services in relation to custard powder
Mail order retail services in relation to custard tarts
Mail order retail services in relation to custard mixes
Mail order retail services in relation to vanilla flavourings for culinary purposes
Mail order retail services in relation to frozen custards.