The trademark PUKPIP was filed by Semvra Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on June 29, 2022, and received one opposition filed on September 28, 2022 by Pukka Pies Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Marks & Clerk LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 28, 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 29 with following description of goods:
Crisps made from vegetables
Yuka crisps, plantain crisps
Nuts based crisps
Preserved, dried, cooked and candied fruits
Fresh fish
Smoked and cured fish
Cheese
Fresh and smoked seafood
Snack foods and fruits preserves
Jams, conserves
Dairy products and dairy substitutes
Processed fruits, vegetables, nuts and pulses
Fish and game
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yogurt and other milk products
Oils and fats for food
Jerky
None of the aforesaid goods being or containing pastry, meat, poultry, sausages or meat substitutes.
The mark was filed in class 30 with following description of goods:
Fruits covered with chocolate
Raisins covered with white chocolate flavour
Ices and ice creams
Yoghurt (Frozen -) [confectionery ices]
Frozen fruits covered in yoghurt
Dried fruits covered with yoghurt
Frozen fruits covered in chocolate
Dried fruits covered with chocolate
Lollies
Sugar, honey, treacle
Ice
Chocolate
Chocolate sculptures
Chocolate figures
Shaped chocolate
Themed chocolate
Themed chocolate sculptures, statues and shapes
Bars of chocolate
Bars of chocolate with a high cocoa content
Bars of chocolate with an increased cocoa content
Chocolate based products with a high cocoa content
Chocolate based products with an increased cocoa content
Bars of chocolate and chocolate based products with low sugar content
Confectionery
Cakes
Biscuits
Drinking chocolate
Chocolate-based beverages
Hot chocolate
Candies
Confectionery, chocolate and chocolates, mints
Truffles
Chocolates
Chocolate based confectionary
Bags and boxes of chocolates and chocolate confectionary
Chocolate bars
Chocolate covered fruit
Chocolate liqueurs, creams, chocolate ganache and pralines
Confections, petits fours, cakes
Sauces, barbecue sauce
Crackers
Breads, tortillas and energy bars made from Plantain or Yuca
Energy bars made from nuts or dried fruits
Almond confectionery
Gruel, with a milk base, for food
Star aniseed
Aniseed
Aromatic preparations for food
Oat-based food
Oats (Crushed -)
Saffron [seasoning]
Sugar
Candy
Palm sugar
Cereal bars
High-protein cereal bars
Stick liquorice [confectionery]
Cocoa-based beverages
Coffee based drinks
Drinking chocolate
Tea-based beverages
Baking soda [bicarbonate of soda for baking purposes]
Rusks
Baps
Puddings
Cocoa
Coffee
Vegetal preparations for use as coffee substitutes
Coffee flavorings [flavourings]
Coffee (Unroasted -)
Cinnamon [spice]
Soft caramels
Barley (Crushed -)
Husked barley
Cereals
Beer vinegar
Bubble gum
Cocoa beverages with milk
Popcorn
Biscuits and cookies, shortbreads
Cheesecake
Tarts
Snack foods and relishes
Chocolate flavoured ice cream
Ice cream confectionery
Ice cream containing chocolate
Sorbet
Sweets
Spreads
Chocolate spreads
Chocolate based spreads
Chocolate flavoured spreads
Sweet spreads
Hot chocolate mixes
Chocolate drink preparations
Chocolate based drinks
Drinks containing chocolate
Beverages containing chocolate
Drinks flavoured with chocolate
Chocolate beverages containing milk
Chocolate beverages with milk
Cocoa beverages
Cocoa drinks
Mousses
Chocolate mousse
Caramel
Salted caramel
Caramel-based products
Caramel-based beverages
Chocolate drink preparations flavoured with nuts
Chocolate-based beverages with low sugar content
Hot chocolate with low sugar content
Chocolate based products with low sugar content
Flakes of chocolate
Chocolate powder
Flakes of chocolate for drinking
Ice lollies
Herbal tea infusions
Tea for infusions
Coffee capsules
Ground coffee
Slabs of chocolate
Batons of chocolate
Chocolate for cooking
Filled chocolate
Chocolate truffles
Chocolate fondue
Chocolate syrup
Chocolate confectionery
Chocolate desserts
Chocolate bunnies
Chocolate and chocolates containing alcohol
Chocolate and chocolates containing fruit
Chocolate and chocolates containing nuts
Chocolate in the form of animals and themed characters
Fudge
Chocolate fudge
Chocolate coins
Chocolate decorations for Christmas trees
Bakery goods and tarts
Chewing gum
Flavourings, other than essential oils
Flavourings, other than essential oils, for cakes
Sago
Celery salt
Cooking salt
Salt for preserving foodstuffs
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread and confectionery
Ice cream, sorbets and other edible ices
Yeast, baking-powder
Salt, seasonings, spices, preserved herbs
Vinegar, sauces and other condiments
Ice [frozen water]
Crackers made from vegetables
Popcorn made from vegetables
None of the aforesaid goods being savoury, raw or uncooked pastry, pastry slices, or being or comprising pies, pasties, raw or uncooked pastry, sausage rolls, pastry slices
None of the aforesaid goods being baked goods containing meat, poultry, sausages or meat substitutes.
The mark was filed in class 31 with following description of goods:
Fresh fruits and vegetables
Nuts, shelled and unshelled
Agricultural, horticultural and forestry products and grains, not included in other classes
Edible grains
Live animals
Natural seeds, plants and flowers
Animal feed
Malt
Raw cocoa beans
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fresh fruits and vegetables, fresh herbs
Natural plants and flowers
Bulbs, seedlings and seeds for planting
Foodstuffs and beverages for animals
Malt.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotion, mail order advertising
Business management, organization and administration
Office functions, retail services connected with the sale of confectionary
Business management
Business mediation in relation to the purchase and sale of chocolate and confectionary
Demonstration of goods
Distribution of samples
Retail services and online retail services in relation to coffee, tea, cocoa, artificial coffee, rice, tapioca and sago, flour and preparations made from cereals, bread and confectionery, edible ices, sugar, honey, treacle, yeast, baking-powder, salt, mustard, vinegar, sauces [condiments], spices, ice, chocolate, chocolates, chocolate sculptures, chocolate figures, shaped chocolate, themed chocolate, themed chocolate sculptures, statues and shapes, bars of chocolate, chocolate based products
Retail services and online retail services in relation to bars of chocolate with a high cocoa content, bars of chocolate with an increased cocoa content, chocolate based products with a high cocoa content, chocolate based products with an increased cocoa content, bars of chocolate and chocolate based products with low sugar content, confectionery, cakes, biscuits, drinking chocolate, chocolate-based beverages, hot chocolate
Retail services and online retail services in relation to preparations containing cocoa for use in making beverages, sauces, ketchup, cocoa based ketchup and sauces, ice cream, chocolate flavoured ice cream, ice cream confectionery, ice cream containing chocolate, sorbet, sweets, spreads, chocolate spreads, chocolate based spreads, chocolate flavoured spreads, sweet spreads, hot chocolate mixes, chocolate drink preparations, chocolate based drinks, drinks containing chocolate
Retail services and online retail services in relation to beverages containing chocolate, drinks flavoured with chocolate, chocolate beverages containing milk, chocolate beverages with milk, cocoa beverages, cocoa drinks, mousses, chocolate mousse, caramel, salted caramel, caramel-based products, caramel-based beverages, chocolate drink preparations flavoured with nuts, chocolate-based beverages with low sugar content, hot chocolate with low sugar content, chocolate based products with low sugar content
Retail services and online retail services in relation to flakes of chocolate, chocolate powder, flakes of chocolate for drinking, ice lollies, herbal tea infusions, tea for infusions, coffee capsules, ground coffee, slabs of chocolate, batons of chocolate, chocolate for cooking, filled chocolate, chocolate truffles, chocolate fondue, chocolate syrup, chocolate confectionery, chocolate desserts, chocolate bunnies, chocolate and chocolates containing alcohol, chocolate and chocolates containing fruit
Retail services and online retail services in relation to chocolate and chocolates containing nuts, chocolate in the form of animals and themed characters, fudge, chocolate fudge, chocolate coins, chocolate decorations for Christmas trees, bakery goods and tarts, chewing gum
Retail services connected with the sale of hampers and boxes containing food, drink, chocolates and beauty care products
Retail services connected with the sale of hampers and boxes containing chocolates
Retail services connected with the sale of hampers and boxes containing chocolates and drink
Retail services connected with the sale of subscription boxes containing food and drink
Retail services connected with sale of subscription boxes containing chocolates
Retail services connected with the sale of subscription boxes containing chocolates and drink
Information, advice and consultancy in relation to all the aforesaid services
None of the aforesaid in relation to goods being savoury, raw or uncooked pastry, pastry slices, or being or comprising pies, pasties, raw or uncooked pastry, sausage rolls, pastry slices
None of the aforesaid in relation to goods being baked goods containing meat, poultry, sausages or meat substitutes.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Temporary accommodation
Restaurant, bar and catering services
Services for providing hot and cold food and drinks
Services for providing sandwiches, rolls, wraps, soups, meats, salads, fruit and vegetables, breakfast, brunches, lunches, afternoon tea, dinners and evening meals
Services for providing chocolate, confectionery, cakes, chocolate-based fillings for cakes, biscuits, drinking chocolate, chocolate-based beverages, preparations containing cocoa for use in making beverages, cocoa, tea, coffee, ice cream, sauces, vinegar, sauces (condiments), pasta, honey and treacle
All of the aforesaid services provided for eat in and/or take away
Cafes
Cafeterias
Bistros
Tea rooms
Restaurants
Snack bars
Bars
Catering services
Self-serve coffee, tea, cocoa and non-alcoholic beverage bars
Coffee, tea, cocoa and non-alcoholic beverages house services
Carry out restaurant, and take out restaurant services
Provision of food and drink for offices
Contract food services
Food preparation
Preparation of carry out foods and beverages
Information, advice and consultancy in relation to all the aforesaid services
None of the aforesaid in relation to goods being savoury, raw or uncooked pastry, pastry slices, or being or comprising pies, pasties, raw or uncooked pastry, sausage rolls, pastry slices
None of the aforesaid in relation to goods being baked goods containing meat, poultry, sausages or meat substitutes.