The trademark THE CASCARA SOCIETY was filed by ECOCAFE SA, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on March 24, 2022, and received one opposition filed on June 21, 2022 by Bader GmbH & Co. KG on Likelihood of confusion. the opponent was represented by PFIZ/GAUSS PATENTANWÄLTE PARTMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 21, 2022
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Cosmetic preparations
Cosmetic oils
Toiletries
Non-medicated toilet preparations
Dentifrices
Non-medicated dentifrices
Perfumery and fragrances
Essential oils
None of the aforementioned products containing cascara bark (Rhamnus purshiana DC).
The mark was filed in class 11 with following description of goods:
Automatic installations for making coffee
Apparatus for refrigerating beverages
Apparatus for keeping hot drinks warm
Coffee machines, electric
Refrigerated dispensing units for beverages
Tea making machines
Electric tea makers
Electric coffee roasters
Electric beverage warmers
Apparatus for dispensing chilled beverages
Coffee roasters
Electric coffee filters
Espresso coffee machines
Refillable coffee capsules
Electric espresso machines
Electric coffee brewers
Electric wireless coffeepots
Coffee capsules, empty, for electric coffee machines
Electric coffee makers for household use
Tea urns (Electric -)
Tea kettles [electric]
Tea filters [machines]
Refillable tea capsules
Tea warmers (Electric -).
The mark was filed in class 21 with following description of goods:
Cooking utensils and tableware, except forks, knives and spoons
Combs
Sponges for household purposes
Brushes (except paint brushes)
Household utensils for cleaning, brushes and brush-making materials
Unworked or semi-worked glass (except glass used in building)
Glassware for household purposes
Porcelain ware
Earthenware
Bottles
Bottle coolers
Glass bottles
Drinking bottles
Bottles, sold empty
Glass flasks [containers]
Drinking flasks
Reusable stainless steel water bottles sold empty
Thermally insulated flasks for household use
Thermal insulated wrap for cans to keep the contents cold or hot.
The mark was filed in class 25 with following description of goods:
Clothing
Clothes for sports
Clothing for men, women and children
Outer clothing
T-shirts
Printed T-shirts
Vests
Work clothes
Jackets
Footwear
Footwear for men and women
Footwear for sports
Headgear
Caps [headwear].
The mark was filed in class 29 with following description of goods:
Preserved fruits
Frozen fruits
Dried fruits
Cooked fruits
Vegetables, preserved
Frozen vegetables
Dried vegetables
Cooked vegetables
Jellies, jams, compotes, fruit and vegetable spreads Eggs
Milk
Cheese
Butter
Yoghurt
Oils and fats for food
Artificial cream
Beverages consisting primarily of milk
Beverages consisting principally of milk
Beverages having a milk base
Beverages made from milk
Butter (Chocolate nut -)
Butter (Coconut -)
Coconut milk-based beverages
Coconut oil
Coffee cream in the form of powder
Coffee creamer
Coffee creamers
Coffee whiteners consisting principally of dairy products
Cows' milk
Cream
Creamers for beverages
Creme fraiche
Dairy-based whipped topping
Dried nuts
Flavoured milk
Flavoured milk beverages
Flavoured milk drinks
Groundnut oil
Honey butter
Low-fat milk
Milk-based beverages flavored with chocolate
Milk-based beverages containing coffee
Milk based drinks [milk predominating]
Milk beverages with cocoa
Milk tea, milk predominating
Nut oils
Nut toppings
Oat milk
Peanut milk
Peanut butter
Rice milk
Seeds (Processed -)
Soya milk
Whipping cream
None of the aforementioned products containing cascara bark (Rhamnus purshiana DC).
The mark was filed in class 30 with following description of goods:
Coffee [roasted, powdered, granulated, or in drinks]
Coffee (Unroasted -)
Artificial coffee
Barley for use as a coffee substitute
Beverages based on coffee
Caffeine-free coffee
Cappuccino
Chicory [coffee substitute]
Chicory and chicory mixtures, all for use as substitutes for coffee
Decaffeinated coffee
Frappes
Freeze-dried coffee
Iced coffee
Instant coffee
Mixtures of coffee and chicory
Cacao powder
Chocolate
Beverages based on chocolate
Beverages consisting principally of chocolate
Chocolate beverages
Chocolate beverages containing milk
Cocoa drinks
Hot chocolate
Ice beverages with a chocolate base
Prepared cocoa and cocoa-based beverages
Tea
Tea bags
Tea beverages (Non-medicated -)
Tea essence (Non-medicated -)
Tea extracts
Tea for infusions
Tea leaves
Tea mix powders
Tea pods
Tea substitutes
Aromatic preparations for making non-medicated infusions
Artificial tea [other than for medicinal use]
Barley tea
Beverages based on tea
Beverages made of tea
Herbal honey
Herbal preparations for making beverages
Iced tea
Biscuits
Bread
Breakfast cereals, porridge and grits
Pastries, cakes, tarts and biscuits (cookies)
Brioches
Brownies
Cake bars
Cakes
Candy (Non-medicated -)
Cereal bars and energy bars
Confectionery
Flour
Frozen ices
Frozen yoghurt
Ice-cream
Salts, seasonings, flavourings and condiments
Brown sugar
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Natural sweetening substances
Honey
Cinnamon rolls
Vanilla
None of the aforementioned products containing cascara bark (Rhamnus purshiana DC).
The mark was filed in class 32 with following description of goods:
Alcohol free beverages
Aerated mineral waters
Beer and brewery products
Carbohydrate drinks
Carbonated mineral water
Cider, non-alcoholic
Cola drinks
Coffee-flavored ale
Coffee-flavored beer
Coffee-flavored soft drinks
De-alcoholised drinks
Drinking waters
Energy drinks containing caffeine
Flavoured carbonated beverages
Fruit juice
Iced fruit beverages
Non-alcoholic beverages
Non-alcoholic beverages flavored with coffee
Non-alcoholic beverages flavoured with tea
Non-alcoholic beverages with tea flavor
Non-alcoholic preparations for making beverages
Nut and soy based beverages
Soft drinks flavored with tea
Spring waters
None of the aforementioned products containing cascara bark (Rhamnus purshiana DC).
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Coffee-based liqueurs
Alcoholic coffee-based beverage
Alcoholic tea-based beverage
Alcoholic essences and extracts
Alcoholic fruit cocktail drinks
Alcoholic fruit beverages
Cider
Cream liqueurs
Herb liqueurs
Pre-mixed alcoholic beverages
None of the aforementioned products containing cascara bark (Rhamnus purshiana DC).
The mark was filed in class 35 with following description of goods:
Online retail store services relating to water, tea, coffee, nonalcoholic beverages and soft drinks, coffee-based products and beverages, tea- based products and beverages
Unmanned retail store services relating to drink
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Advertising, promotional and marketing services
Product demonstrations and product display services
Advertising, marketing and promotional consultancy, advisory and assistance services
Retail services in relation to water, tea, coffee, nonalcoholic beverages and soft drinks, coffee-based products and beverages, tea- based products and beverages
Wholesale services in relation to water, tea, coffee, nonalcoholic beverages and soft drinks, coffee-based products and beverages, tea- based products and beverages
Business consultancy and advisory services
Online retail services relation to water, tea, coffee, nonalcoholic beverages and soft drinks, coffee-based products and beverages, tea- based products and beverages
Mail order retail services related to water, tea, coffee, nonalcoholic beverages and soft drinks, coffee-based products and beverages, tea- based products and beverages
Providing consumer product information relating to food or drink products
Business administration services for processing sales made on the internet
The bringing together, for the benefit of others, of a variety of goods, in particular: water, tea, coffee, nonalcoholic beverages and soft drinks, coffee-based products and beverages, tea- based products and beverages, enabling customers to conveniently view and purchase those goods.
The mark was filed in class 43 with following description of goods:
Coffee bar services
Coffee shop services
Coffee shops
Coffee supply services for offices [provision of beverages]
Café services
Cafés
Cafeterias
Accommodation services
Bar and restaurant services
Bartending services
Bistro services
Booking of restaurant seats
Canteen services
Carry-out restaurants
Catering (Food and drink -)
Catering for the provision of food and beverages
Cocktail lounge services
Consultancy services in the field of food and drink catering
Preparation and provision of food and drink for immediate consumption