The trademark THE VEGAN SOCIETY was filed by S. MALHOTRA & CO. AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on August 22, 2021, and received one opposition filed on November 22, 2021 by THE VEGAN SOCIETY on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Brodsky, David Arthur and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 22, 2021
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on April 18, 2024.
The Opposition with reference B 003158887 was rejected according to Article 8(1)(b) EUTMR with decision issued on April 3, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Burgers
Formed textured vegetable protein for use as a meat substitute
Meat substitutes
Poultry substitutes
Prepared meals consisting primarily of meat substitutes
Vegetable-based meat substitutes
Dairy substitutes
Egg substitutes.
The mark was filed in class 30 with following description of goods:
Chocolate
Chocolate-based beverages
Chocolate based products
Chocolate desserts
Coffee, teas and cocoa and substitutes therefor
Dairy-free chocolate
Ice, ice creams and sorbets
Ice cream substitute
Non-dairy ice cream
Sweets (candy), candy bars and chewing gum.
The mark was filed in class 35 with following description of goods:
Retail services in relation to foodstuffs
Retail services in relation to ice creams
Retail services in relation to chocolate
Retail services in relation to confectionery
Retail services in relation to desserts
Retail services relating to food
Retail services via catalogues related to foodstuffs
Retail services via global computer networks related to foodstuffs.
The mark was filed in class 43 with following description of goods:
Catering services
Catering services for the provision of food and drink
Cookery advice
Fast-food restaurant services
Food and drink catering
Food preparation
Food preparation services
Information, advice and reservation services for the provision of food and drink
Preparation of meals
Providing food and beverages
Providing food and drink in restaurants and bars
Provision of food and drink in restaurants
Provision of food and drink
Provision of information relating to the preparation of food and drink
Restaurant services for the provision of fast food