The trademark Eatly was filed by Quality App Studio spółka z ograniczoną odpowiedzialnością, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 23, 2021, and received one opposition filed on December 22, 2021 by Oatly AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by AWA SWEDEN AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 22, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer application software and downloadable software in the form of mobile applications enabling customers to locate and find on a map facilities serving food and beverages, including restaurants, hotels and mobile food stands, and to order food and beverages and to make payments for them
Computer application software and downloadable software in the form of mobile applications enabling customers to book a table in facilities serving food and beverages, including restaurants, hotels and mobile food stands
Computer application software and downloadable software in the form of mobile applications enabling customers to access information concerning facilities serving food and beverages, including restaurants, hotels and mobile food stands, including prices, reports, rankings, ratings, reviews, suggestions, contact information, recommendations, offers, special offers, discounts and coupons.
The mark was filed in class 35 with Publicity and sales promotion services and Online ordering of food and beverages..