The trademark Happy Kraken, Release the Hunger was filed by RBVH Group s. r. o., a corporation established under the laws of the Slovak Republic (the "Applicant"). The application was published for oppositions on May 10, 2021, and received one opposition filed on August 8, 2021 by Proximo Spirits, Inc. on Likelihood of confusion. the opponent was represented by SODEMA CONSEILS S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 8, 2021
The application was filed in Slovak, and Slovak was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on March 12, 2024.
The Opposition with reference B 003152342 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 27, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Edible oils and fats
Birds eggs and egg products
Dairy products and dairy substitutes
Meat and meat products
Soups and stocks, meat extracts
Prepared insects and larvae
Fish, seafood and molluscs, not live
Processed fruits, fungi, vegetables, nuts and pulses
Sausage skins and imitations thereof
Fruit spreads
Meat spreads
Dairy spreads
Cheese spreads
Nut-based spreads
Lemon curd
Vegetable-based spreads
Fish spread
Garlic-based spreads
Seed butters
Fat-containing mixtures for bread slices
Spreads consisting mainly of fruits
Spreads consisting mainly of eggs
Legume-based spreads
Seafood spread
Smoked fish spread
Spreads consisting of hazelnut paste
Low fat dairy spreads
Fish, seafood and molluscs spreads
Jellies, jams, compotes, fruit and vegetable spreads
Tapenades
Fish sticks
Cheese sticks
Beancurd sticks
Nut-based food bars
Mozzarella sticks
Fruit- and nut-based snack bars
Fruit-based meal replacement bars
Soy-based food bars
Nut and seed-based snack bars
Nut-based meal replacement bars.
The mark was filed in class 30 with following description of goods:
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Ice, ice creams, frozen yogurts and sorbets
Salts, seasonings, flavourings and condiments
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Boxed lunches consisting of rice, with added meat, fish or vegetables
Baozi [stuffed buns]
Gluten-free pizza
Brioches
Steamed buns stuffed with red bean paste
Burritos
Calzones
Cereal-based snack food
Cereal snack foods flavoured with cheese
Crisps made of cereals
Pasta-based prepared meals
Pasta dishes
Pasta salad
Pasta containing stuffings
Chalupas
Chimichanga
Chilled pizzas
Chow mein [noodle-based dishes]
Snack foods consisting principally of bread
Snack foods consisting principally of extruded cereals
Snack foods prepared from maize
Fresh pizza
Fresh pies
Fresh sausage rolls
Snack foods made from corn and in the form of puffs
Snack foods made from corn
Snack foods made from corn and in the form of rings
Snack food products made from maize flour
Snacks manufactured from muesli
Snack foods made of whole wheat
Snack food products made from cereal flour
Snack food products made from cereal starch
Snack foods made from wheat
Snack food products made from rice flour
Snack food products made from rusk flour
Snack food products made from soya flour
Snack food products made from potato flour
Extruded wheat snacks
Puffed corn snacks
Onion biscuits
Pellet-shaped rice crackers (arare)
Empanadas
Taco chips
Pita chips
Chocolate-based ready-to-eat food bars
Wontons
Chinese steamed dumplings (shumai, cooked)
Chinese stuffed dumplings (gyoza, cooked)
Chow mein
Enchiladas
Fajitas
Puffed cheese balls [corn snacks]
Flapjacks
Shrimp dumplings
Prawn crackers
Gimbap [Korean rice dish]
Rice glue balls
Hamburgers contained in bread rolls
Hot sausage and ketchup in cut open bread rolls
Hot dog sandwiches
Prepared rice rolled in seaweed
Hamburgers being cooked and contained in a bread roll
Prepared meals containing [principally] pasta
Prepared meals containing [principally] rice
Prepared meals in the form of pizzas
Rice-based prepared meals
Prepared savory foodstuffs made from potato flour
Prepared pizza meals
Prepared foodstuffs in the form of sauces
Prepared rice dishes
Ready to eat savory snack foods made from maize meal formed by extrusion
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Dry and liquid ready-to-serve meals, mainly consisting of rice
Ramen noodles
Spring rolls
Rice based dishes
Meals consisting primarily of pasta
Meals consisting primarily of rice
Jiaozi [stuffed dumplings]
Noodle-based prepared meals
Canapes
Caramel coated popcorn
Pies [sweet or savoury]
Pies containing game
Pies containing poultry
Pies containing fish
Pies containing meat
Pies containing vegetables
Pork pies
Poultry and game meat pies
Mincemeat pies
Sticky rice cakes (Chapsalttock)
Millet cakes
Canned pasta foods
Preserved pizzas
Canned spaghetti in tomato sauce
Pizza crust
Crackers filled with cheese
Korean traditional rice cake [injeolmi]
Crackers flavoured with herbs
Crackers flavoured with spices
Crackers flavoured with meat
Crackers made of prepared cereals
Crackers flavoured with cheese
Crackers flavoured with vegetables
Corn chips
Seaweed flavoured corn chips
Vegetable flavoured corn chips
Popcorn
Tortillas
Chicken pies
Chicken wraps
Savory pastries
Lasagne
Glutinous rice wrapped in bamboo leaves (Zongzi)
Wonton chips
Grain-based chips
Wholewheat crisps
Flaky pastry containing ham
Macaroni salad
Macaroni with cheese
Turkey sandwiches
Frozen pizzas
Soft pretzels
Frozen French toast
Frozen French toast sticks
Frozen meals consisting primarily of pasta
Frozen meals consisting primarily of rice
Frozen pizza crusts made of cauliflower
Frozen pizza crusts
Frozen pancakes
Frozen pastry stuffed with meat and vegetables
Frozen pastry stuffed with meat
Frozen pastry stuffed with vegetables
Frozen waffles
Freeze-dried dishes with the main ingredient being pasta
Freeze-dried dishes with the main ingredient being rice
Nachos
Uncooked pizzas
Chips [cereal products]
Flavoured popcorn
Okonomiyaki [Japanese savoury pancakes]
Toasted sandwiches
Toasted cheese sandwich
Toasted cheese sandwich with ham
Crumble
Oat clusters containing dried fruit
Paella
Pancakes
Kimchi pancakes
Steamed buns stuffed with minced meat (niku-manjuh)
Pastries consisting of vegetables and poultry
Pastries consisting of vegetables and meat
Pastries consisting of vegetables and fish
Meat pies
Sausage rolls
Meat pies [prepared]
Pizzas
Pizza bases
Green onion pancake [pajeon]
Mung bean pancakes (bindaetteok)
Filled baguettes
Pies
Filled bread rolls
Pot pies
Pretzels
Corn, roasted
Corn kernels being toasted
Pre-baked pizzas crusts
Pizzas [prepared]
Stir-fried noodles with vegetables (Japchae)
Microwave popcorn
Caramel coated popcorn with candied nuts
Quesadillas
Quiches
Ramen [Japanese noodle-based dish]
Ravioli [prepared]
Ravioli
Stir-fried rice
Stir fried rice cake [topokki]
Risotto
Bibimbap [rice mixed with vegetables and beef]
Glutinous pounded rice cake coated with bean powder (injeolmi)
Chocolate-coated rice cakes
Rice-based snack food
Rice dumplings
Rice dumplings dressed with sweet bean jam (ankoro)
Rice cakes
Rice crusts
Rice crisps
Senbei [rice crackers]
Rice biscuits
Rice salad
Buckwheat jelly (Memilmuk)
Samosas
Sandwiches
Sandwiches containing fish fillet
Sandwiches containing chicken
Sandwiches containing minced beef
Sandwiches containing meat
Frankfurter sandwiches
Sandwiches containing fish
Sandwiches containing salad
French toast
Sweet rice with nuts and jujubes (yaksik)
Bean jam buns
Candy coated popcorn
Corn-based savoury snacks
Cereal-based savoury snacks
Savoury pancakes
Fried corn
Pineapple fritters
Banana fritters
Processed unpopped popcorn
Sushi
Cheese-flavored biscuits
Cheese flavored puffed corn snacks
Cheeseburgers [sandwiches]
Tabbouleh
Tacos
Tamales
Spaghetti and meatballs
Pumpkin porridge (Hobak-juk)
Tortilla snacks
Tortilla chips
Cereal-based meal replacement bars
Chocolate-based meal replacement bars
Egg pies
Egg rolls
Multigrain-based snack foods
Wraps [sandwich]
Vegetable pies
Cereal bars and energy bars
Bread
Sweets (candy), candy bars and chewing gum
Pastries, cakes, tarts and biscuits (cookies)
Cereal cakes for human consumption
Cereal preparations coated with sugar and honey
Cereal preparations consisting of bran
Cereal preparations consisting of oatbran
Cereal bars
High-protein cereal bars
Rice cake snacks
Muesli bars
Cereal based energy bars
Bars based on wheat
Oat bars
Cereal based food bars
Sesame candy bars
Snack bars containing a mixture of grains, nuts and dried fruit [confectionery]
Chocolate-coated bars
Custard
Peanut confectionery
Peanut brittle
Gluten-free bakery products
Chocolate-coated berries
Butterscotch chips
Pandoro
Biscotti dough
Halvah
Snack foods consisting principally of confectionery
Chocolate
Chocolate for confectionery and bread
Chocolate for toppings
Chocolate with alcohol
Chocolate with Japanese horseradish
Liqueur chocolates
Chocolate topping
Non-medicated chocolate confectionery
Chocolate confectionery containing pralines
Chocolate confectionery having a praline flavour
Chocolate decorations for cakes
Croissants
Crème caramel
Non-medicated confectionery in jelly form
Non-medicated confectionery products
Orange based confectionery
Cotton candy
Peanut butter confectionery chips
Confectionery containing jelly
Confectionery chips for baking
Confectionery ices
Chocolate spreads containing nuts
Chocolate fondue
Chocolate desserts
Chocolate creams
Chocolate-based spreads
Chocolate spreads for use on bread
Chocolate decorations for confectionery items
Chocolate decorations for christmas trees
Chocolate mousses
Chocolate flavourings
Chocolate waffles
Chocolate vermicelli
Chocolate bunnies
Chocolate marzipan
Chocolates
Confectionery for decorating Christmas trees
Confectionery containing jam
Non-medicated confectionery having toffee fillings
Mint flavoured confectionery (Non-medicated -)
Low-carbohydrate confectionery
Non-medicated confectionery containing chocolate
Liquorice flavoured confectionery
Confectionery having liquid fruit fillings
Confectionery having liquid spirit fillings
Confectionery having wine fillings
Chocolate-coated sugar confectionery
Chocolate flavoured confectionery
Confectionery in liquid form
Potato flour confectionery
Dessert souffles
Pavlovas made with hazelnuts
Poppadums
Waffles with a chocolate coating
Graham crackers
Ready-to-eat puddings
Prepared desserts [confectionery]
Prepared desserts [chocolate based]
Truffles [confectionery]
Imitation custard
Imitation chocolate
Instant dessert puddings
Japanese sponge cakes (kasutera)
Decorations [edible] for christmas trees
Edible paper
Edible rice paper
Cocoa based creams in the form of spreads
Cocoa-based ingredients for confectionery products
Candy
Cakes of sugar-bounded millet or popped rice (okoshi)
Graham cracker pie crusts
Crackers flavoured with fruit
Sugar-coated coffee beans
Korean traditional sweets and cookies [hankwa]
Savory biscuits
Chocolate coated macadamia nuts
Almonds covered in chocolate
Almond confectionery
Marzipan
Creamed rice
Rice pudding
Dairy confectionery
Confectionery in frozen form
Soft pin-rolled cakes of pounded rice (gyuhi)
Non-medicated mint confectionery
Frozen confectionery containing ice cream
Frozen yogurt pies
Frozen dairy confections
Frozen confections on a stick
Muesli desserts
Aerated chocolate
Non-medicated chocolate
Non-medicated confectionery containing milk
Non-medicated confectionery for use as part of a calorie controlled diet