The trademark NUNA Happy Box was filed by Minh Nguyet Nguyen, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 10, 2022, and received one opposition filed on October 10, 2022 by Compass Group Nederland B.V. on Likelihood of confusion. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 10, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on October 12, 2022.
The Opposition with reference B 003180548 was refused according to Article 8(1)(b) EUTMR with decision issued on October 10, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Prepared meals made from fish substitutes
Prepared meals made from seafood substitutes
Prepared meals consisting principally of game
Prepared meals containing [principally] eggs
Prepared dishes consisting principally of meat
Prepared meals containing [principally] chicken
Prepared meals consisting primarily of fish
Prepared meals consisting principally of vegetables
Prepared meals consisting primarily of kebab
Prepared meals consisting substantially of seafood
Prepared meals consisting primarily of meat substitutes
Prepared meals containing [principally] bacon
Prepared meals consisting primarily of duck
Prepared meals consisting primarily of turkey
Frozen prepared meals consisting principally of vegetables
Prepared meals made from poultry [poultry predominating]
Prepared meals made from meat [meat predominating]
Ready cooked meals consisting wholly or substantially wholly of poultry
Ready cooked meals consisting wholly or substantially wholly of game
Ready cooked meals consisting wholly or substantially wholly of meat
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Vegetable-based snack foods
Milk-based snacks
Tofu-based snacks
Snack foods based on vegetables
Coconut-based snacks
Packaged meats
Pre-packaged dinners consisting primarily of seafood
Drinking yogurts
Yogurt drinks
Drinks based on yogurt
Oat-based beverages [milk substitute]
Drinks made from dairy products.
The mark was filed in class 30 with following description of goods:
Rice-based prepared meals
Prepared meals containing [principally] rice
Prepared meals containing [principally] pasta
Noodle-based prepared meals for toddlers
Prepared meals in the form of pizzas
Dry and liquid ready-to-serve meals, mainly consisting of rice
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Flavourings for foods
Syrup for food
Natural starches for food
Tea
Crumpets
Tea extracts
Tea-based beverages
Darjeeling tea
Ginger tea
Black tea
Green tea
Oolong tea
Japanese green tea
Earl grey tea
Tea mix powders
Tea beverages with milk
Fruited scones
Teas (Non-medicated -) flavoured with lemon
Coffee, teas and cocoa and substitutes therefor
Aromatic teas [other than for medicinal use]
Packaged tea [other than for medicinal use]
Tea-based beverages with fruit flavoring
Fruit flavoured tea [other than medicinal]
Sushi
Tortilla snacks
Snack foods made of whole wheat
Snack food products made from cereal starch
Rice-based snack food
Cereal-based snack food
Snack foods consisting principally of bread
Snack foods consisting principally of confectionery
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Cocoa-based beverages
Drinks flavoured with chocolate
Flavourings for beverages
Coffee-based beverages
Flavourings of almond for food or beverages
Herbal flavourings for making beverages.
The mark was filed in class 43 with following description of goods:
Services for the preparation of food and drink
Supplying of meals for immediate consumption
Providing food and drink in bistros
Providing food and drink in Internet cafes
Food and drink catering for institutions
Providing food and drink catering services for exhibition facilities
Serving food and drink for guests
Food preparation for others on an outsourcing basis
Consultancy services in the field of food and drink catering
Serving food and drink in restaurants and bars
Serving food and drink for guests in restaurants
Takeaway services
Services for providing food
Serving food and drinks
Take-away food and drink services
Information and advice in relation to the preparation of meals