The trademark Hälsäns KÖK was filed by Société des Produits Nestlé S.A., a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on August 30, 2021, and received one opposition filed on November 24, 2021 by TERRENA on Likelihood of confusion. the opponent was represented by ERNEST GUTMANN - YVES PLASSERAUD S.A.S. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 24, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Appeal with reference B R0800/2023-2 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on October 11, 2023 by the EUIPO. The Opposition with reference B 003159011 was rejected according to Article 8(1)(b) CTMR with decision issued on February 15, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Vegetables, tinned
Frozen vegetables
Vegetables, cooked
Vegetables, dried
Preserved potatoes
Boiled potatoes
Mushrooms, preserved
Dried edible mushrooms
Mushrooms, prepared
Prepared meals consisting principally of vegetables
Prepared dishes consisting principally of meat
Prepared meals consisting primarily of poultry
Prepared meals consisting primarily of fish
Prepared meals consisting substantially of seafood
Oils for food
Edible fats
Soups
Broth [soup]
Soup concentrates
Preparations for making soup
Stock cubes
Stock in the form of granules
Broth concentrates
Preparations for making bouillon
Rice milk for culinary purposes
Foods for use as fish or seafood substitutes
Prepared meals made from fish or seafood substitutes
Fish alternatives or seafood substitutes based on the following goods: Vegetables, fruits and grain proteins for use as meat substitutes
Vegetable pate
Spreads consisting mainly of fruits
Prepared meals consisting primarily of meat substitutes
Vegetable-based meat substitutes
Hummus [chickpea paste]
Fruit salads
Vegetable salads
Legume-based spreads
Milk
Cream [dairy products]
Butter
Cheese
Milk products
Milk substitutes
Milk beverages, milk predominating
Powdered milk
Condensed milk
Evaporated milk
Dairy puddings
Desserts made from milk products
Lactic acid drinks
Milk-based beverages flavored with chocolate
Yoghurt
Yogurt drinks
Yoghurt desserts
Fruit flavoured yoghurts
Soya yoghurt
Soya milk
Rice milk
Oat-based beverages [milk substitute]
Plant-based milk substitutes
Coconut milk-based beverages
Dairy-based beverages containing oats
Milk-based beverages containing fruit juice
Coffee creamer
Beverages having a milk base
Seeds, prepared
Eggs
Egg substitutes
Dips.
The mark was filed in class 30 with following description of goods:
Flour
Bread
Yeast
Pastries
Rice
Pasta
Noodles
Dry and liquid ready-to-serve meals, mainly consisting of rice
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Sauces [condiments]
Soya sauce
Ketchup [sauce]
Spice rubs
Alimentary seasonings
Condiments
Mayonnaise
Mustard
Vinegar
Processed seeds for use as a seasoning
Meals consisting primarily of pasta
Prepared meals containing [principally] pasta
Dressings for salad
Pizzas.
The mark was filed in class 35 with following description of goods:
Retail services relating to food
Retail services relating to alcoholic beverages
Retail services in relation to non-alcoholic beverages.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Organisation of training courses
Organisation of seminars and conferences
Organisation of exhibitions for cultural or educational purposes
Publication and edition of books
Publication of brochures
Publication of newspapers
Services for the publication of newsletters
Publishing services
Training related to nutrition
Conducting classes in nutrition
Education services relating to nutrition
Training in the handling of food.
The mark was filed in class 43 with following description of goods:
Catering services
Hotel restaurant services
Take-out restaurant services
Cafeteria services
Canteen services
Snack bar services
Providing food and beverages
Preparation of food and beverages
Provision of food and beverages
Catering of food and drinks
Serving food and drinks.
The mark was filed in class 44 with following description of goods:
Providing nutritional information about food
Providing information about dietary supplements and nutrition