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EUTM file information

018507773

July 4, 2021

Trademark Summary

The trademark application was filed by Novolex Holdings, LLC, a Limited Liability Company (the "Applicant"). Application refused.

The application was filed in English (French was selected as the second language).

The Refusal with reference B 018507773 was Rejected according to Article 7(1)(b) EUTMR with decision issued on August 21, 2022 by the EUIPO.

Goods And Services

  • The mark was filed in class 8 with following description of goods:
    1. Plastic cutlery, namely, forks, knives, spoons, and sporks
    2. Biodegradable cutlery, namely, forks, knives, spoons, and sporks
    3. Compostable cutlery, namely, forks, knives, spoons, and sporks
    4. Plastic tableware, namely, forks, knives, spoons, and sporks
    5. Disposable tableware, namely, forks, knives, spoons, and sporks
    6. Metallized disposable plastic tableware, namely, forks, knives, spoons, and sporks
    7. Place settings, namely, disposable place setting kits comprised of cutlery and also including napkins
    8. Cutlery rolls, primarily consisting of a combination of any of a fork, knife, and spoon and including a napkin
    9. Cutlery kits primarily consisting of any combination of forks, knives, spoons, and sporks and also containing any combination of disposable napkins and salt and pepper packets
    10. Cake cutters
    11. Spreaders for butter, cheese, or jelly
    12. Cocktail forks
    13. Shellfish openers
    14. Wrapped cutlery, namely, forks, knives, spoons, sporks, wrapped individually or in combinations in a plastic film
    15. Cutlery bundles, namely, an identical stack of any of forks, knives, or spoons configured in the form of refills for loading into a cutlery dispenser
    16. Seafood utensils, namely, tools for facilitating opening of shellfish and removal of meat from the shell.
  • The mark was filed in class 16 with following description of goods:
    1. Table napkins (serviettes) of paper
    2. Paper-pulp based containers and covers for food and beverages for commercial use
    3. Paper-pulp based containers and covers for food and beverages for household use
    4. Paper pulp-based to-go containers
    5. Packaging and storage containers of paper and cardboard
    6. Paper, cardboard or molded paper or cardboard pulp to-go containers for food with or without lids
    7. Trays for food packaging
    8. Containers for food
    9. To-go containers for food
    10. Bags for lining bins
    11. Bags
    12. Trash bags
    13. Trash can liners
    14. Bags for waste
    15. Plastic laundry bags
    16. Plastic housekeeping bags for laundry
    17. Plastic liner bags
    18. Storage bags
    19. Resealable storage bags
    20. Sandwich bags
    21. Plastic bags
    22. Paper, cardboard or molded paper or cardboard pulp containers for food with or without lids.
  • The mark was filed in class 20 with following description of goods:
    1. Plastic packaging and containers with or without covers for retail, commercial, or industrial use
    2. Tamper-evident plastic containers with or without covers for retail, commercial, or industrial use
    3. Plastic packaging and containers with or without covers, namely, for display, storage, and/or sale of ready-to-eat food products of others
    4. Plastic packaging and containers with or without covers for the display, storage, and/or sale of food, beverages, and other products in grocery stores, delicatessens, retail stores, and restaurants and for use in the catering and food service industries
    5. Plastic packaging and containers with or without covers for the display, storage, and/or sale of food products of others, namely, baked goods, delicatessen food products, restaurant food products, take-out or to-go foods, candy, gum, confectionery, vegetables, meats, cereals, dried fruits, nuts, salads and desserts
    6. Containers with attached or unattached covers
    7. Bowls with attached and unattached covers
    8. Trays with or without covers
    9. Tamper-evident containers with attached and unattached covers
    10. Tamper-evident bowls with attached and unattached covers
    11. Parts and fittings in this class for the aforementioned goods.
  • The mark was filed in class 21 with following description of goods:
    1. Tableware, namely, plates, bowls, cups, mugs, and serving trays
    2. Servingware for serving food and drinks
    3. Tableware and servingware for use in the foodservice industry
    4. Plates
    5. Bowls
    6. Serving trays
    7. Catering trays
    8. Serving bowls
    9. Platters
    10. Dome lids for serving trays and platters
    11. Lids for serving trays and platters
    12. Cake bases, dome lids for cake bases
    13. Parfait cups
    14. Dessert cups
    15. Lids for dessert cups
    16. Lunchboxes
    17. Drinkware, with or without lids
    18. Lids for drinkware, namely, sip-through lids, slotted lids, and non-slotted lids
    19. Glasses
    20. Cups
    21. Tumblers
    22. Mugs
    23. Tea cups
    24. Stemware
    25. Shot glasses
    26. Carafes
    27. Cruets
    28. Serving pitchers
    29. Wrapped drinkware, namely, cups, glasses, tumblers, mugs, and drinkware lids wrapped individually in a plastic film
    30. Beverage stirrers
    31. Cocktail stirrers
    32. Cocktail picks
    33. Swizzle sticks
    34. Coffee stirrers
    35. Pitcher stirrers
    36. Cocktail sticks
    37. Bar toothpicks
    38. Sandwich toothpicks
    39. Tooth picks
    40. Mixing spoons
    41. Chopsticks
    42. Serving forks
    43. Serving spoons
    44. Seafood utensils
    45. Serving tongs
    46. Salad tongs
    47. Cake servers
    48. Pie servers
    49. Serving ladles
    50. Serving scoops
    51. Spatulas
    52. Steak markers in the nature of cooking skewers to indicate doneness of a piece of meat
    53. Muddlers
    54. Wrapped barware, namely, stirrers, picks, swizzle sticks
    55. Serving spoons, toothpicks, chopsticks, wrapped individually or in any combination in a plastic film
    56. Wrapped serving utensils, namely, serving forks, serving spoons, tongs, ladles, cake servers, scoops, spatulas, wrapped individually or in any combination in a plastic film
    57. Entertaining kits comprising plates and cups
    58. Drinkware kits comprising cups or mugs and swizzle sticks
    59. Cocktail party kits comprised of one or more of a combination of glasses, swizzle sticks, and napkins
    60. Food containers for use in the food packing and food service industry
    61. Food containers
    62. Containers with or without lids for food or beverages
    63. Insulated containers with or without lids for food or beverages
    64. To-go containers with or without lids for food or beverages
    65. Non-metal dispensers specially adapted for dispensing cutlery in the nature of knives, forks, spoons, and sporks for commercial or industrial use
    66. Components for cutlery dispensing systems, namely, bases and mounts to secure cutlery dispensers, and fitted films, knowns as skins, to customize cutlery dispensers
    67. Drinking straws
    68. Insulating sleeve holders for beverage containers
    69. Paper, cardboard or molded paper or cardboard pulp trays for food with or without lids.
  • The mark was filed in class 35 with Retail and wholesale store services, on-line retail and wholesale store services, mail order retail, and wholesale distributorship services in relation to sustainable disposable hot cups, cold cups, lids, hot cup sleeves, food containers, plates and bowls, trays for food, serving trays for food, cutlery, serving utensils, wooden stir sticks, straws, napkins, and bag liners.
  • The mark was filed in class 40 with following description of goods:
    1. Advisory and consultancy services in relation to manufacture of packaging and containers
    2. Custom decoration of plastic dinnerware, servingware, packaging, containers, and personal protective equipment
    3. Custom decoration of plates, bowls, cups, glasses, serving trays, serving forks, spoons, tongs, ladles, stirrers, picks, food markers, meal kits, face shields, cutlery dispensers, cutlery dispenser parts, and fitted films, known as skins, for customizing cutlery dispensers and dispenser parts.
  • The mark was filed in class 42 with following description of goods:
    1. Packaging design services
    2. Container design services
    3. Advisory and consultancy services in relation to the design of packaging and containers
    4. Technical advisory and consultancy services in relation to the design and manufacture of packaging and containers
    5. Custom designing of plastic products, packaging, and containers for foods and beverages.