The trademark Rabi was filed by Sheekh Kamal Al-Barzanji, a national of the Kingdom of Sweden (the "Applicant") and Kaveh Maroufian, a national of the Islamic Republic of Iran (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on January 31, 2022, and received one opposition filed on March 3, 2022 by Raheb, Hamid Reza on Likelihood of confusion. the opponent was represented by METIDA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 3, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Refusal with reference B 018510149 was partially rejected according to Article 7(1)(m) EUTMR with decision issued on December 2, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Fresh, preserved, tinned, chilled, frozen and cooked meat, fish, poultry and game
Meat and fish extracts
Seafood, crustaceans and molluscs
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs, milk and milk products
Edible oils and fats
Prepared meals and snacks made principally from meat, fish, seafood, molluscs, crustaceans, poultry or game
Soups
Preserved, frozen, dried and cooked fruits, nuts and vegetables
Dairy products and substitutes for dairy products
Crisps
Potato crisps
Food and prepared snack products made from dried fruits, nuts and processed seeds.
The mark was filed in class 30 with following description of goods:
Culinary herbs
Herbal infusions
Herbal honey
Seasonings
Sauces
Chutneys and pastes
Marinades
Spices
Coffee
Tea
Cocoa
Sugar
Tapioca
Sago
Artificial coffee
Bakery goods
Yeast, baking powder
Rice
Pasta
Pizzas, pies and pasta dishes
Spaghetti and spaghetti-based dishes
Rice-based dishes
Flour and preparations made from cereals
Bread
Pastry
Confectionery, ices
Chocolate and desserts
Puddings
Sandwiches
Cereal and energy bars
Cereals
Biscuits
Cakes
Food mixtures consisting of cereal flakes and dried fruits
Nut confectionery
Coated nuts [confectionary].
The mark was filed in class 31 with following description of goods:
Fresh fruits and vegetables
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Natural plants and flowers
All the abovementioned goods other than those of botanical genus ‘Phaseolus’
Fresh herbs
Unprocessed rice
Foodstuffs for animals.
The mark was filed in class 32 with following description of goods:
Beers
Soft drinks
Mineral and aerated waters
Non-alcoholic drinks
Fruit drinks and fruit juices
Syrups for making beverages
Shandy
Non-alcoholic beers
Non-alcoholic wines.
The mark was filed in class 33 with Alcoholic beverages (except beer).
The mark was filed in class 35 with following description of goods:
Advertising, marketing and sales promotions
Online ordering services
Retail services and wholesale services connected with the sale of food and drink, fresh, preserved, tinned, chilled, frozen and cooked meat, fish, poultry and game, meat and fish extracts, seafood, crustaceans and molluscs, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk and milk products, edible oils and fats, prepared meals and snacks made principally from meat, fish, seafood, molluscs, crustaceans, poultry or game
Retail services and wholesale services connected with the sale of soups, preserved, frozen, dried and cooked fruits, nuts and vegetables, jellies, jams, compotes, dairy products and substitutes for dairy products, crisps, potato crisps, food and prepared snack products made from dried fruits, nuts and processed seeds, culinary herbs, herbal infusions, herbal honey, seasonings, sauces, chutneys and pastes, marinades, spices, coffee, tea, cocoa, sugar, tapioca, sago, artificial coffee, bakery goods
Retail services and wholesale services connected with the sale of yeast, baking powder, rice, pasta, pizzas, pies and pasta dishes, spaghetti and spaghetti-based dishes, rice-based dishes, flour and preparations made from cereals, bread, pastry, confectionery, ices, chocolate and desserts, puddings, sandwiches
Retail services and wholesale services connected with the sale of cereal and energy bars, cereals, biscuits, cakes, snack bars containing grains, seeds, nuts or dried fruit, food mixtures consisting of cereal flakes and dried fruits, nut confectionery, coated nuts [confectionary]
Retail services and wholesale services connected with the sale of fresh herbs, fresh fruits and vegetables, raw and unprocessed agricultural, aquacultural, horticultural and forestry products, raw and unprocessed grains and seeds, unprocessed rice, natural plants and flowers, foodstuffs for animals, Beers, soft drinks, mineral and aerated waters, non-alcoholic drinks, fruit drinks and fruit juices, syrups for making beverages, shandy, non-alcoholic beers, non-alcoholic wines, alcoholic beverages
Consultancy, information and advisory services relating to all the aforesaid services.