The trademark STOI was filed by Ludwig Maurer, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 29, 2022, and received one opposition filed on July 17, 2022 by ZHS IP Europe Sàrl on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MAYR KOTSCH Patentanwalt Rechtsanwältin Partnerschaftsgesellschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 17, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 21 with following description of goods:
Cooking pot sets, Cookware for grilling, Kitchen utensils, Outdoor kitchen utensils, sous vide utensils, Pots, Skillets, Containers, Baking utensils, Other than cutlery in the form of knives, forks and spoons, The aforesaid goods included in class 21
Cooking pot sets, dining dishes, Tableware, other than knives, forks and spoons, Cooking utensils, non-electric, eating utensils, Table utensils, other than cutlery in the form of knives, forks and spoons, The aforesaid goods included in class 21
Containers, Crocks, Table plates, Utensils, for use in the following fields: household and Kitchen, Domestic barbecue apparatus, other than cutlery in the form of knives, forks and spoons, The aforesaid goods included in class 21
Roasting containers, roasting utensils, baking containers, Baking utensils, The aforesaid goods included in class 21
Utensils for household purposes, of the following materials: Metal, Precious metal, Plastic, Gums, Wood, paper, Aluminum, for use in the following fields: household and Kitchen
Domestic griddles [cooking utensils]
Oven mitts and barbecue gloves
Cooking pot sets, Kitchen utensils, Outdoor kitchen utensils, sous vide apparatus, all the aforesaid goods being non-electric, The aforesaid goods included in class 21
Hand operated utensils for household and kitchen use
Household or kitchen goods of porcelain, earthenware, ceramic and glass
Statues, Figures, Signs and Works of art, Decorative objects, For example, of the following materials: Porcelain, ceramic, earthernware, Glass, The aforesaid goods included in class 21
Flower vases and Holders for flowers.
The mark was filed in class 29 with following description of goods:
Fruit and vegetables, Salad, Fish, not live, Shellfish, Seafood, Molluscs, Meat, The aforesaid goods being partially or completely prepared and/or packaged
Mushrooms, vegetables and fruits being dried, desiccated, peeled and/or sliced
Algae and Laver For use in food
Dairy products and dairy substitutes
Oils and fats for food, and animal or plant-based oils and fats for food
Soups, broths and sauces and concentrates, extracts and mixtures thereof with a base of meat, fish, shellfish, seafood, molluscs, fruits and/or vegetables
Meat, fish, shellfish, seafood, mollusc, mushroom, fruit and vegetable extracts, pastes, purees, creams, jams, jellies, pulps and mousses
Birds eggs and egg products
Prepared insects and larvae
Dairy spreads, Spreads made of vegetables, Fish spreads, Spreads Of shellfish, Seafood spread, Spreads Of molluscs, Spreads consisting of meat
Crisps made from vegetables, fish, shellfish, seafood, molluscs and/or meat
Agar-agar for culinary purposes
Jellies and Gelatine Based on meat, fish, shellfish, seafood, molluscs, fruits and/or vegetables
Vegetable juices, Fruits in juice, Vegetable juice concentrates, Fruit juice concentrate, for use in the following fields: Kitchen
Marmalade, Jams, compotes, fruit and vegetable spreads
Crushed sesame
A dish made from beans.
The mark was filed in class 30 with following description of goods:
Spices, Seasonings, Seasonings, Seasoning mixes, Dried or preserved aromatic herbs, Salt for preparing foodstuffs
Barbecue and grill sauces and sauces being condiments
Salt for consumption, spices, seasonings
Sauces [condiments]
Basting sauces
Cooking sauces
Gravy mixes
Sauce powders
Dressings for salad, Salad cream and Dressings for salad
Meat gravies, Meat gravies, Meat gravies, Brown sauce, Concentrated sauce, Ready-made sauces, Fish sauce, Soya sauce, Canned and bottled sauces, Herb sauces
Herbal flavourings for making food, Herbal flavourings for making beverages
Seasonings for flavouring purposes, Flavouring, Aromatic preparations and Flavouring additives, For use in relation to the following goods: Edible foods and Beverages
Food flavourings, other than essential oils
Flour and cereal products for cooking and baking
Processed cereals and starches for foodstuffs, and goods made therefrom
Ice, ice creams, frozen yogurts and sorbets
Thickening agents for cooking foodstuffs, Thickening agents for cooking foodstuffs and Edible ices
Coffee, tea (not for medicinal use or purposes), Cocoa, substitutes for these goods
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Syrups, Sweetmeats [candy], Snacks, Chocolate and products made from chocolate
Cakes and Tarts And Bakery goods, Confectionery, Including the aforesaid goods being topped and/or filled
Baking preparations, Flavourings, other than essential oils, for cakes and Yeast
Conducting of courses and seminars on the preparation, cooking, serving and administration of foodstuffs, foods, meals and beverages
Conducting of meat and fish/seafood seminars [goods and preparation courses]
Conducting of courses and seminars on foodstuff and food technology, on foodstuff and food customers and on handling foodstuffs and foods
Conducting of classes, Organisation of seminars, in relation to the following goods: Foodstuffs, Nutritional foods, none of the aforesaid services, in relation to the following goods: Meat, Fish, Seafood
Conducting of courses and seminars on the handling and presentation of foodstuffs, foods, meals and beverages
Conducting of courses and seminars on the butchering of slaughtered animals
Conducting of classes, Organisation of seminars, in relation to the following fields: Animal breeding, Livestock breeding
Conducting of classes, Organisation of seminars, in relation to the following fields: Agriculture
Conducting of classes, Organisation of seminars, in relation to the following fields: Gastronomy
Conducting of classes, Organisation of seminars, in relation to the following fields: Cooking competition
Conducting of classes, Organisation of seminars, in relation to the following fields: Healthcare, Food supplements
Including all the aforesaid courses and seminars being online and being films
Arranging of cooking contest.
The mark was filed in class 43 with following description of goods:
Restaurants, Including the aforesaid services being outdoors
Food and drink catering, Including the aforesaid services being outdoors
Temporary accommodation
Services for providing food and drink
Information services, advisory, consultation,, Booking services, in relation to the following fields: Provision of food and drink, Temporary accommodation
Rental services, In relation to the following goods: Furniture, Body linen, Tableware, Equipment for the preparation and providing of food and beverages
Providing temporary accommodation
Provision of food and drink
Arranging of food festivals
Arranging of cooking and barbecue events
Arranging of receptions for cultural, sporting and political events, competitions and weddings [providing of food and drink]
Arranging of receptions for cultural, sporting and political events, competitions and weddings [venues]
Reception services for temporary accommodation [conferment of keys]
Reception services for temporary accommodation [management of arrivals and departures]
Advisory, consultation,, in relation to the following fields: Restaurants, Toasting, Food and drink catering
Rental services, in relation to the following fields: Restaurant equipment, barbecue equipment, Catering equipment
Providing reviews of restaurants
Provision of information relating to restaurants
Advisory, consultation,, in relation to the following fields: cooking, Toasting
Individual cooking and barbecuing services
Rental of cooking apparatus and/or grills
Advice concerning recipes for cooking and barbecuing
Cookery advice
Advisory, consultation,, in relation to the following fields: Culinary arts, Art of grilling
Providing information via a website, in relation to the following fields: cooking and Toasting.