The trademark application food factory was filed by Johannes Schrott, a national of the Republic of Austria (the "Applicant"). The application was published for oppositions on September 1, 2021, and it was registered by office on December 9, 2021 without any oppositions.
The application was filed in German (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2021.The first Cancellation was filed by Erdal Kizilgöz (represented by ???) on August 10, 2023 and Final decision – Request rejected on formalities.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on May 17, 2022. Appointment and Replacement of representative of the trademark registration was recorded on July 10, 2022. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on August 21, 2023.
The Cancellation with reference B 000054678 was Cancellation rejected according to Article 59(1)(b) EUTMR with decision issued on May 10, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat and meat products
Processed fruits, fungi, vegetables, nuts and pulses
Prepared salads
Chicken burgers
Turkey burgers
Meat products being in the form of burgers
French fries
Chicken nuggets
Onion rings
Guacamole [mashed avocado].
The mark was filed in class 30 with following description of goods:
Burritos
Pizzas
Nachos
Quesadillas
Tomato ketchup
Mayonnaise
Mustard
Barbecue sauce
Salsas
Tomato sauce
Ice cream
Muffins
Brownies
Tiramisu
Boiled sweets
Iced tea
Ice, ice creams, frozen yogurts and sorbets.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Non-alcoholic preparations for making beverages
Beer and brewery products
Beer
Energy drinks
Mineral water [beverages]
Apple juice beverages
Colas [soft drinks]
Blackcurrant juice
Orange juice drinks
Juices
Table waters
Lemon juice for use in the preparation of beverages
Lemonades.
The mark was filed in class 33 with Wine.
The mark was filed in class 35 with following description of goods:
Retail services in relation to foodstuffs
Retail services in relation to non-alcoholic beverages
Retail services relating to alcoholic beverages.
The mark was filed in class 39 with Delivery of food by restaurants and Delivery of food and drink prepared for consumption..
The mark was filed in class 43 with following description of goods: