The trademark KLASA was filed by Grupa Producentów KLASA Sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on June 7, 2021, and received one opposition filed on September 7, 2021 by MODELO CONTINENTE HIPERMERCADOS, S.A. on Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 7, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0272/2023-5 was Opposition rejected according to Article 8(1)(b) EUTMR with decision issued on June 26, 2023 by the EUIPO. The Opposition with reference B 003154423 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 1, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Medicinal herbs
Herbal medicine
Freeze-dried food adapted for medical purposes.
The mark was filed in class 29 with following description of goods:
Fruit, processed
Freeze-dried fruit
Fruit, preserved
Pickled fruits
Frozen fruits
Dried fruit
Fruit purees
Fruit marmalade
Fruit marmalade
Fruit pectin
Compotes
Frozen vegetables
Vegetables, processed
Vegetables, processed
Pickled vegetables
Vegetables, cooked
Preserved vegetables
Vegetables, dried
Freeze-dried vegetables
Mushrooms, preserved
Dried edible mushrooms
Mushrooms being frozen
Mushrooms, freeze-dried
Nuts, prepared
Dried nuts
Processed nuts
Preserved nuts
Dried fruit mixes
Snack mixes consisting of dehydrated fruit and processed nuts
Coconut milk [beverage]
Plant-based milk substitutes
Vegetable juices for cooking
Coconut milk-based beverages
Peanut milk-based beverages
Almond milk-based beverages
Oat-based beverages [milk substitute]
Soya-based beverages used as milk substitutes
Tomato juice for cooking
Fruit juices for cooking
Lemon juice for culinary purposes
Extracts of vegetables [juices] for cooking
Vegetable juice concentrates for food.
The mark was filed in class 30 with following description of goods:
Preserved herbs
Processed herbs
Dried herbs for culinary purposes
Freeze-dried herbs
Herbal preparations for making beverages
Herb teas, other than for medicinal use
Fruit teas
Vegetable thickeners
Vegetable concentrates used for seasoning.
The mark was filed in class 31 with following description of goods:
Fruit, fresh
Strawberries [fresh]
Fresh raspberries
Berries, fresh
Fresh blackberries
Unprocessed blueberries
Wild blueberries, fresh
Fresh gooseberries
Fresh cranberries
Fresh blackcurrants
Fresh redcurrants
Seeds for fruit
Vegetables, fresh
Nuts being fresh
Potted fresh herbs
Garden herbs, fresh
Flowers.
The mark was filed in class 40 with following description of goods: