The trademark Roberta Goods was filed by Smark GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 21, 2022, and received one opposition filed on March 27, 2022 by Damkjær Holding A/S on Likelihood of confusion. the opponent was represented by ANDERSEN PARTNERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 27, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on August 21, 2022. Appointment and Replacement of representative of the trademark registration was recorded on January 2, 2023.
Goods And Services
The mark was filed in class 29 with following description of goods:
Dairy products and dairy substitutes
Edible oils and fats
Soups and stocks
Processed fruits, fungi, vegetables, nuts and pulses
Birds eggs and egg products
Prepared insects and larvae
Antipasto salads
Casseroles [food]
Broth [soup]
Canned soups
Stews
Falafel
Vegetable-based meat substitutes
Vegetable-based prepared meals for toddlers
Prepared dishes consisting principally of meat
Prepared meals consisting principally of vegetables
Prepared meals consisting primarily of meat substitutes
None of the aforementioned goods being plant based sausages.
The mark was filed in class 30 with following description of goods:
Bakery goods
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas and cocoa and substitutes therefor
Salts, seasonings, flavourings and condiments
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Croissants
Baguettes
Pizzas
Bagels
Bread rolls
Pains au chocolat
Waffles
Cinnamon rolls
Sandwiches.
The mark was filed in class 31 with following description of goods:
Fruit, fresh
Fresh fruits, nuts, vegetables and herbs
Malts and unprocessed cereals
Flowers.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Beer
Non-alcoholic beer
Beer and brewery products.
The mark was filed in class 33 with Alcoholic beverages (except beer).
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
Computerized on-line ordering services
Computerised stock ordering
Online ordering services
Retail services relating to bakery products
Retail services in relation to beer
Retail services relating to flowers
Retail services in relation to desserts
Retail services relating to delicatessen products
Retail services in relation to sorbets
Retail services relating to fruit
Retail services in relation to coffee
Retail services in relation to dairy products
Retail services in relation to foodstuffs
Wholesale services in relation to cleaning articles
Retail services in relation to cleaning preparations
Retail services in relation to chocolate
Retail services relating to candy
Retail services in relation to tobacco
Retail services in relation to teas
Retail services in relation to non-alcoholic beverages
Retail services relating to alcoholic beverages
Retail services in relation to alcoholic beverages (except beer)
Retail services in relation to frozen yogurts
Retail services via catalogues related to beer
Mail order retail services related to beer
Retail services via catalogues related to foodstuffs
Mail order retail services related to foodstuffs
Retail services relating to food
Retail services via catalogues related to non-alcoholic drinks
Retail services via catalogues related to alcoholic beverages (except beer)
Online retail store services relating to cosmetic and beauty products
Online retail services relating to cosmetics
Unmanned retail store services relating to drink
Unmanned retail store services relating to food
Mail order retail services related to non-alcoholic beverages
Mail order retail services related to alcoholic beverages (except beer).