The trademark was filed by Kalevala Spirit Oy Ltd, a corporation established under the laws of the Republic of Finland (the "Applicant"). The application was published for oppositions on September 27, 2022, and received one opposition filed on December 27, 2022 by Mast-Jägermeister SE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GRAMM, LINS & PARTNER PATENT- UND RECHTSANWÄLTE PARTGMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 27, 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 4 with following description of goods:
Candles
Candle torches
Beeswax for use in the manufacture of candles.
The mark was filed in class 16 with following description of goods:
Printed matter
Books
Periodicals
Magazines [periodicals]
Paper, cardboard and goods made from these materials, included in class 16, namely postcards, Jotters and Posters
Stationery
Self-adhesive labels
Bookmarkers
Photographs [printed]
Postcards
Artists' materials
Advent calendars
Diaries and calendars
Paintings [pictures], framed or unframed
Table napkins of paper
Paper boxes
Tablecloths of paper
Packaging materials made from paper or card
Plastic materials for packaging, included in Class 16
Paper tapes
Articles for writing, Writing materials
Typewriters and office requisites (except furniture)
Instructional and teaching material (other than furniture)
Plastic bags
Files
Office binders
File folders (office equipment)
Cards
Stickers [stationery]
Paper knives
Cartons
Gift cartons
Paper identification tags
Printed coupons
Cones.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Table plates
Glassware, porcelain
Earthernware
Coffee grinders
Candlesticks
Candle extinguishers
Candle drip rings
Covers for flower pots
Candelabra [candlesticks]
Flower pots
Cooking utensils, non-electric
Trays for household purposes
Bottle openers, electric and non-electric
Spice sets
Knife rests for the table
Menu card holders
Table napkin holders
Cleaning articles
Works of art of porcelain, ceramic, earthenware or glass
Gloves for household purposes
Potholders
Cases adapted for toilet utensils
Dispensers for paper wipes [other than fixed]
Wash basins [bowls, not parts of sanitary installations]
Soap boxes.
The mark was filed in class 24 with following description of goods:
Fabric and textiles
Bed blankets
Table linen
Upholstery fabrics
Interior decoration fabrics
Linens
Kitchen and table linens
Bath linen, except clothing
Towels of textile
Curtains of textile or plastic
Shower curtains of textile or plastic
Flags and pennants of textile
Labels of textile.
The mark was filed in class 29 with following description of goods:
Marmalade
Jams
Fruit pulp
Fruit jellies
Berries, preserved
Fish, not live
Fresh fish
Salmon, not live
Smoked salmon
Fish pasta
Fish jellies
Fish stock
Fish mousses
Fish, tinned
Salmon (not live)
Steamed salmon
Fried salmon
Sausgaes
Elk sausages
Meat
Beef
Elk meat
Meat products and charcuterie
Meat products
Meatballs
Meat extracts
Meat pate
Meat, tinned
Meat spreads
Meat, preserved
Packaged meats
Prepared meat
Drinking yogurts.
The mark was filed in class 30 with following description of goods:
Fish sandwiches
Bread and bread rolls filled with fish fillets
Coffee-based beverages
Cocoa-based beverages
Honey
Honey substitutes
Comb honeys
Meat pies
Treacle
Decorations [edible] for christmas trees
Coffee
Coffee oils
Artificial coffee
Coffee-based beverages
Coffee extracts.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Juices
Vegetable juice
Syrups for beverages
Beer based beverages.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages
Mulled wines
Punch
Brandy
Brandy
Spirits [beverages].
The mark was filed in class 35 with following description of goods:
Retail and wholesale services, Including via online media, in relation to the following goods: Printed matter, Paper and stationery, Housewares, Namely tableware, other than knives, forks and spoons, dish cloths, Dishwashing brushes, Glasses, mugs, Articles of porcelain, Glassware, earthware, Textiles and textile goods, Bed blankets, Table blankets, furnishing fabrics, Household linen, Clothing, Headgear, Footwear, Processed food products and Unprocessed foods, drinks, Alcoholic beverages, Coffee and coffee beverages, christmas ornaments
Provision of an online marketplace for buyers and sellers of goods and services
Online advertisements
Online marketing
Providing of online trading information and business information
Providing of information and consultancy in relation to e-commerce
Advertising
Marketing
Professional business consultancy
Event management Fairs for commercial, promotional and advertising purposes
Event marketing
Franchising services providing marketing assistance, Business advertising services relating to franchising
Business management assistance in the field of franchising
Management advisory services related to franchising
Assistance in product commercialisation
Commercial consultancy, in relation to the following fields: Sale of goods, Offer of services
Rental and subletting of marketing and sales areas and advertising spaces
Rental of advertising space on-line
Rental and subletting of sales stands in markets, in particular Christmas markets
Organisation of markets, in particular Christmas markets, Conducting of markets, in particular Christmas markets
Market design, namely for the presentation of goods and services
Presentation of goods and services, including selling markets
Arranging of presentations for business purposes
Business consultancy and advisory services
Business management
Commercial consultancy, in relation to the following fields: Franchising services
Assistance in the business management of franchises
Franchising, Namely business assistance, Marketing assistance
Business consultancy relating to the organisation of markets, in particular Christmas markets
Business consultancy relating to online retailing and wholesaling
Organisation and conducting of events, exhibitions, trade fairs for commercial, advertising and promotional purposes
Franchising services, in relation to the following fields: Display stands for food and beverages
Preparation of custom gift boxes.
The mark was filed in class 38 with following description of goods:
Providing online forums
Providing access to platforms on the Internet, Provision of access to web pages and Providing access to web portals
Telecommunication services provided via Internet platforms and portals.
The mark was filed in class 39 with Arranging the delivery of gifts and Organising of the delivery of selected articles.
The mark was filed in class 41 with following description of goods:
Organisation and conducting of cultural activities, entertainment and educational events
Organising and conducting festivals
Organisation and conducting of musical performances and theatre productions
Planning, organisation and conducting of roadshows
Providing online entertainment
Providing of online forums for entertainment purposes, in the following fields: Christmas markets, Foodstuffs, beverages, Christmas decorations, Textiles
Consultancy in relation to planning of events
Event management
Provision of on-line entertainment
On-line publishing services
Planning, arranging and conducting of seminars, Planning of courses, Planning of workshops, organization of training and workshops, Conducting of courses and workshops.
The mark was filed in class 43 with following description of goods:
Services for the provision of food and drink
Restaurants
Food preparation services
Food and drink catering
Restaurant franchising.
The mark was filed in class 45 with Personal gift selection for others.