The trademark UPSIDE was filed by Upside Foods, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on September 8, 2021, and received one opposition filed on November 30, 2021 by van Gangelen, Erik on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 30, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat
Seafood
Beef, pork, fish, poultry and game, not live
All natural meats and seafood
Cultured meat and seafood
Laboratory-grown meat and seafood
Synthetic meat and seafood
Tissue engineered meat and seafood
Snack foods, prepared meals, salads and ready-to-eat meals consisting primarily of meat, fish, poultry, game, seafood and cultured meats
Meat stocks
Meat extracts.
The mark was filed in class 35 with retailing in the field of all natural meats and seafood, cultured meat and seafood, laboratory-grown meat and seafood, synthetic meat and seafood, and tissue engineered meat and seafood and wholesaling in the field of all natural meats and seafood, cultured meat and seafood, laboratory-grown meat and seafood, synthetic meat and seafood, and tissue engineered meat and seafood..
The mark was filed in class 42 with following description of goods:
Research and development in the field of prepared food and ingredient manufacturing from animal cells cultivated within bioreactors, as well as from non-animal sources including plants, fungi, algae and bacteria
Scientific and laboratory research in the field of cultured meat and seafood, laboratory-grown meat and seafood, synthetic meat and seafood, and tissue engineered meat and seafood
Research on food
Research and development services in the field of cultured meat and seafood, laboratory-grown meat and seafood, synthetic meat and seafood, and tissue engineered meat and seafood.