The trademark Plant Magic Co. was filed by The Plant Magic Company GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 22, 2021, and received one opposition filed on November 17, 2021 by CAMPOFRIO FOOD GROUP, S.A.U. on Likelihood of confusion. the opponent was represented by PONS IP, S.A. and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 17, 2021
It was designated 'Basic Application' for International Application 1662949 at the World Intellectual Property Organization (WIPO).
The application was filed in French, and French was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 5 with Dietary supplements and dietetic preparations and Medicinal oils..
The mark was filed in class 29 with following description of goods:
Dairy products and dairy substitutes
Milk substitutes
Non-dairy creamer
Plant-based milk substitutes
Soya-based beverages used as milk substitutes
Oat-based beverages [milk substitute]
Almond milk-based beverages
Peanut milk-based beverages
Coconut milk-based beverages
Artificial cream (dairy product substitutes)
Cheese substitutes
Edible oils and fats
Processed fruits, mushrooms, nuts and pulses
Seeds, prepared
Processed chia seed for food
Fruit-based snack food
Snack mixes consisting of processed fruits and processed nuts
Fruit- and nut-based snack bars
Jellies, jams, compotes and fruit spreads
Soups and broth.
The mark was filed in class 30 with following description of goods:
Prepared meals containing [principally] pasta
Rice-based prepared meals
Cereal-based savoury snacks
Flour based savory snacks
Salts, seasonings, flavourings and condiments
Processed herbs
Dried herbs
Preserved herbs
Flavourings, other than essential oils, for beverages
Food flavourings, other than essential oils
Savory sauces, chutneys and pastes
Pesto [sauce]
Dressings for salad
Bakery goods
Confectionery
Chocolate
Puddings
Dessert mousses [confectionery]
Bread
Pastries, cakes, tarts and biscuits (cookies)
Candy cake
Cereal bars and energy bars
Cereal-based snack food
Sugar
Natural sweeteners
Ice cream
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Pasta
Noodles
Cereals
Rice
Flour
Breakfast cereals, porridge and grits
Muesli
Porridge
Cereal preparations.
The mark was filed in class 32 with following description of goods:
Soft drinks
Nut and soy based beverages
Oat-based beverages [not being milk substitutes]
Lemonades
Juices
Fruit drinks
Smoothies
Non-alcoholic preparations for making beverages
Powders for the preparation of beverages
Syrups and other non-alcoholic preparations for making beverages.