The trademark usy was filed by Thorsten Meyne, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 22, 2022, and received one opposition filed on August 21, 2022 by EURO-FRIWA GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Friederich, Klaus and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 21, 2022
The application was filed in German, and German was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 2 with Coatings and Dyes, colorants, pigments and inks..
The mark was filed in class 3 with following description of goods:
Fragrant preparations, Abrasives
Tailors' and cobblers' wax
Animal grooming preparations
Essential oils and aromatic extracts.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Pest control preparations and articles
Dental preparations and articles, and medicated dentifrices
Hygienic preparations and articles
Dental preparations and articles
Aromatic deodorizers for toilets
Deodorants for upholstery
Deodorants for clothing
Deodorants for clothing and textiles
Deodorants for refrigerators
Deodorants for textiles
Bathroom deodorants
Deodorants, other than for human beings or for animals
Deodorizing preparations for household, commercial or industrial use
Deodorizing preparations for carpets
Deodorising room sprays
Automobile deodorizers
Fabric deodorizers
Deodorisers for litter trays
Deodorizers for garbage disposals
Shoe deodorizers
Deodorisers for litter trays
Carpet deodorizers
Air deodoriser gel
Odour absorbing materials
Odor neutralizing preparations for clothing and textiles
Car air fresheners
Air freshener sprays
Air deodorizing preparations comprised of activated charcoal
Air purifying preparations
Air deodorizing preparations
Car deodorants
Air freshener refills
Pet odor neutralizer
Preparations for the neutralising of odours
Toilet deodorants
Air deodoriser sprays
Air deodorising and air purifying preparations.
The mark was filed in class 8 with Hand-operated hygienic and beauty implements for animals and Cutlery, kitchen knives, and cutting implements for kitchen use..
The mark was filed in class 16 with following description of goods:
Decoration and art materials and media
Printed matter, and stationery and educational supplies
Filtering materials of paper
Adhesives for stationery or household purposes
Works of art and figurines of paper and cardboard, and architects' models
Paper and cardboard
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Garbage bags of paper [for household use]
Scoops made of card for the disposal of pet excrement
Tissues of paper for removing make-up
Paper baby bibs
Banners of paper
Mats of card for beer glasses
Mats of paper for beer glasses
Paper cocktail parasols
Shelf paper
Food-wrapping paper
Flags of paper
Humidity control sheets of paper or plastic for foodstuff packaging
Bunting of paper
Face cloths made of paper
Coarse tissue [for toiletry use]
Paper handtowels
Hygienic hand towels of paper
Paper coffee filters
Coasters of paper
Till rolls
Bags for microwave cooking
Kitchen rolls [paper]
Bibs of paper
Bibs, sleeved, of paper
Drawer liners of paper, perfumed or not
Make-up pads of paper for removing make-up
Plantable seed paper [stationery]
Parchment paper
Scented paper drawer liners
Decorations of cardboard for foodstuffs
Paper pennants
Facial tissues of paper
Paper washcloths
Paper wipes for cleaning
Handkerchiefs of paper
Table napkins of paper
Paper lace
Decorative paper centerpieces
Paper pads for changing diapers
Paper pet crate mats
Flower-pot covers of paper
Towels of paper
Face towels of paper
Paper doilies
Pet waste bags of paper
Dental tray covers of paper
Paper for medical examination tables
Paper wipes
Coin mats
Refuse bags of paper
Napkins of cellulose for cosmetic purposes
Paper tissues for cosmetic use
Drip mats of paper
Drying towels of paper
Paper toilet seat covers
Toilet rolls
Toilet paper
Table linen of paper
Tablecloths of paper
Table runners of paper
Table runners of cellulose
Table decorations of paper
Paper tissues
Tissue paper
Napkin paper
Napkins of cellulose for household purposes
Napkins made of paper for household use
Absorbent paper
Absorbent sheets of paper or plastic for foodstuff packaging
Dinner mats of cardboard
Place cards
Table place setting mats of card
Tablemats of paper
Placards of paper or cardboard
Placards of paper
Drip mats of cardboard
Cocktail mats of paper
Mats of paper for drinking glasses
Coasters of cardboard
Bags for packaging made of biodegradable paper
Paper toilet bowl liners
Water filters of paper
Disposable napkins
Cellulose wipes.
The mark was filed in class 28 with following description of goods:
Rubber balls
Toy hats
Imitation toilet articles being toys
Imitation toilet preparations being toys
Costumes being childrens playthings
Buckets [playthings] made of plastics
Plastic toys for use in the bath
Paper face-masks
Paper dolls
Novelty toys for playing jokes
Jokes (play things)
Toy stick gum dispensers
Balls for games
Games
Toys
Party blowouts
Party poppers [party novelties]
Christmas crackers [party novelties]
Streamers [party novelties]
Paper hats [party novelties].
The mark was filed in class 29 with following description of goods:
Grilled fish fillets
Grilled chicken (Yakitori)
Cooked meat dishes
Frozen cooked fish
Fritters
Vegetable-based entrees
Prepared vegetable dishes
Vegetable-based snack foods
Vegetable chips
Vegetable salads
Dishes of fish
Waffle fries
Guacamole [mashed avocado]
Gumbo
Scotch eggs
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Frozen prepared meals consisting principally of vegetables
Hummus [chickpea paste]
Chicken wings
Chicken salad
Chicken nuggets
Legume salads
Soy-based snack foods
Beans cooked in soy sauce (Kongjaban)
Bombay mix
Instant miso soup
Duck jerky
Chicken jerky
Vegetable soup preparations
Pork jerky
Potato puffs
Potato crisps
Potato crisps in the form of snack foods
Potato pancakes
Potato fritters
Potato salad
Potato snacks
Consommes
Coconut chips
Canned pork and beans
Soups
Cheese dips
Cheese sticks
Lamb croquettes
Beef jerky
Cassava chips
Matzo ball soup
Mixes for making soup
Miso soup
Noodle soup
Nut-based snack foods
Nut-based food bars
Soy-based food bars
Nut-based meal replacement bars
Fruit salads
Olives stuffed with red peppers
Olives stuffed with red peppers and almonds
Olives stuffed with almonds
Olives stuffed with pesto in sunflower oil
Omelettes
French fries
Quenelles
Quenelles [fish]
Quenelles [meat]
Ratatouille
Beef tripe
Beef stew
Hash browns
Rosti [fried grated potato cakes]
Potato-based salads
Sashimi
Quick-frozen vegetable dishes
Shish kabobs
Snack mixes consisting of dehydrated fruit and processed nuts
Snack mixes consisting of processed fruits and processed nuts
Fruit- and nut-based snack bars
Nut and seed-based snack bars
Cheese-based snack foods
Coconut-based snacks
Sweet corn-based snack foods
Meat-based snack foods
Milk-based snacks
Tofu-based snacks
Snack foods based on legumes
Snack foods based on vegetables
Potato-based snack foods
Snack foods based on nuts
Snacks of edible seaweed
Soy chips
Canned soups
Soup concentrates
Soup powders
Soup pastes
Soup cubes
Teriyaki chicken
Tajine [prepared meat, fish or vegetable dish]
Beancurd sticks
Dried fruit-based snacks
Dried fruit mixes
Squid [prepared]
Prepared snails [escargot]
Prepared beef
Ready cooked meals consisting wholly or substantially wholly of meat
Ready cooked meals consisting wholly or substantially wholly of game
Ready cooked meals consisting wholly or substantially wholly of poultry
Pre-cooked miso soup
Pre-cooked soup
Pre-cooked curry stew
Pre-cut vegetable salads
Pre-packaged dinners consisting primarily of game
Prepared meals consisting primarily of duck
Prepared meals consisting primarily of fish
Frozen meals consisting primarily of fish
Cooked meals consisting principally of fish
Chilled foods consisting predominately of fish
Frozen meals consisting primarily of meat
Prepared meals consisting primarily of meat substitutes
Frozen meals consisting primarily of poultry
Frozen meals consisting primarily of chicken
Ready cooked meals consisting primarily of chicken
Prepared meals consisting primarily of kebab
Prepared meals consisting primarily of turkey
Ready cooked meals consisting primarily of turkey
Yucca chips
Tzatziki
Prepared salads
Prepared meat
Onion rings
Meat and meat products
Dairy products and dairy substitutes
Sausage skins and imitations thereof
Fish, seafood and molluscs, not live
Edible oils and fats
Soups and stocks, meat extracts
Processed fruits, fungi, vegetables, nuts and pulses
Birds eggs and egg products
Prepared insects and larvae
Surimi
Pre-packaged dinners consisting primarily of seafood
Roast chicken
Antipasto salads
Apple chips
Apple flakes
Casseroles [food]
Shepherd's pie
Fried chicken
Banana chips
Berry-based fool
Cottage cheese fritters
Organic nut and seed-based snack bars
Bisques
Bulgogi [Korean beef dish]
Broth [soup]
Caesar salad
Chicharron
Chile con queso
Chili con carne
Vegetable-based chips
Chop suey
Chowder
Bean dip
Dolmas
Egg muffins
Pickled eggs
Steamed egg hotchpotch
Stews
Edible birds' nests
Falafel
Prepared entrees consisting primarily of seafood
Cooked dish consisting primarily of chicken and ginseng (samgyetang)
Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae)
Cooked dish consisting primarily of rich soybean paste and tofu (cheonggukjang-jjigae)
Cooked dish consisting primarily of fermented vegetable, pork and tofu (kimchi-jjigae)
Cooked dish consisting primarily of stir-fried chicken and fermented hot pepper paste (dak-galbi)
Cooked dish consisting primarily of stir-fried beef and fermented soy sauce (Sogalbi)
Vegetable-based prepared meals for toddlers
Prepared meals made from fish substitutes
Prepared meals made from meat [meat predominating]
Prepared meals made from poultry [poultry predominating]
Prepared meals made from seafood substitutes
Prepared meals containing [principally] eggs
Prepared dishes consisting principally of meat
Prepared meals containing [principally] chicken
Prepared meals containing [principally] bacon
Prepared meals consisting principally of vegetables
Prepared meals consisting substantially of seafood
Prepared meals consisting principally of game
Instant soup
Low-fat potato crisps
Fish with chips
Steamed cakes of smashed fish and yam (hampen)
Fish crackers
Fish cakes
Steamed or toasted cakes of fish paste (kamaboko)
Tube-shaped toasted cakes of fish paste (chikuwa)
Beef bouillon
Meatballs
Prepared meat dishes
Frittatas
Fruit chips
Fool
Fruit-based meal replacement bars
Fruit-based snack food
Galbi [grilled meat dish]
Poultry salads
Pieces of chicken for use as a filling in sandwiches
Frozen pre-packaged entrees consisting primarily of seafood
Filled potato skins
Stuffed olives.
The mark was filed in class 30 with following description of goods:
Ice, ice creams, frozen yogurts and sorbets
Bread
Pastries, cakes, tarts and biscuits (cookies)
Cereal bars and energy bars
Sweets (candy), candy bars and chewing gum
Eight-treasure rice pudding
Apple fritters
Flavoured jelly crystals for making jelly confectionery
Flavoured sugar confectionery
Bakery goods
Meringues
Chocolate-coated berries
Sandwich spread made from chocolate and nuts
Bread pudding
Candy
Biscotti dough
Jam buns
Chocolate decorations for christmas trees
Cocoa based creams in the form of spreads
Croissants
Custard
Dessert mousses [confectionery]
Dessert souffles
Ice confectionery
Peanut confectionery
Peanut brittle
Chocolate based products
Decorations [edible] for christmas trees
Edible paper wafers
Edible rice paper
Edible paper
Viennoiserie
Ready-to-eat puddings
Crème caramel
Deep-fried dough sticks (Youtiao)
Fried dough twists
Chocolate coated fruits
Pavlovas made with hazelnuts
Frozen yogurt pies
Confectionery ices
Fruit jellies [confectionery]
Frozen confections on a stick
Frozen confectionery containing ice cream
Frozen dairy confections
Salted wafer biscuits
Dried sugared cakes of rice flour (rakugan)
Ginseng confectionery
Gluten-free bakery products
Semolina pudding
Oat clusters containing dried fruit
Halvah
Boiled confectionery
Foodstuffs containing cocoa [as the main constituent]