The trademark application FOODPAKET was filed by Giuliano Emir Colakoglu, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 14, 2023, and it was registered by office on February 21, 2024 without any oppositions.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018727393 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on July 24, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions services
Services of online supermarkets and retailers, Namely of, The bringing together (excluding the transport thereof), in relation to the following goods: Non-medicated cosmetics, Non-medicated cosmetics, non-medicated dentifrices, Perfumery, Essential oils, washing preparations, Bleaching, Furbishing preparations, polishing preparations, Grease-removing preparations, abrasive preparations, Industrial oils, industrial greases, Flour wax, Lubricants, dust absorbing, Wetting, Dust controlling compositions, Fuels, And illuminants, Candles, Wicks for lighting, pharmaceuticals, medicated preparations, Veterinary preparations, Sanitary preparations for medical purposes, Plasters, Materials for dressings, Materials for filling teeth, dental wax, Disinfectants, Preparations for destroying vermin, Fungicides, Herbicides, Hand tools, hand-operated, Hand implements (hand-operated), Cutlery, Side arms, Razors, Shaving equipment, Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data, Recorded media, Downloadable media, Computer software, Blank digital or analogue recording and storage media, mechanisms for coin-operated apparatus, Cash registers, Calculating devices, Computers, Computer peripherals, Diving suits, Divers' masks, Ear plugs for divers, Nose clips for divers and swimmers, Gloves for divers, breathing apparatus for underwater swimming, Fire extinguishers, Surgical, medical, dental and veterinary instruments and apparatus, Prostheses, artificial eyes, artificial teeth, Orthopedic articles, Suture materials, Therapeutic and assistive devices adapted for people with disabilities, Apparatus for massage, Apparatus, devices and articles for nursing infants, Sexual activity apparatus, devices and articles, Clothing, Footwear, Headgear, Lace trim, weaves, Braiding, Strands, Braids, Embroidery, Tapes [haberdashery], haberdashery bows, buttons, Hook and eyes and eyes, Needles, Artificial flowers, Hair ornaments, False hair, Games, Toys, Toys, video game apparatus, Gymnastic articles, Sporting articles, Decorations for Christmas trees, Tobacco, Tobacco substitute, Cigarettes, cigars, electronic cigarettes, oral vaporizers for smokers, Smokers' articles, Matches, Enabling customers to conveniently view and purchase those goods
Publicity and sales promotion services
Retail and wholesale services in relation to: Detergent, Toiletries, Cosmetics, Candles, pharmaceuticals, articles of metal hardware, hand tools, Electronic entertainment devices, Computers, Computer peripherals, Telephones, Cameras, Compact discs and DVDs, domestic electrical appliances, Vehicles, bicycles, Jewellery, clocks and watches and Watches, Printed matter, Handbags, Purses and Wallets, Furniture
None of the abovementioned being perfumery and colognes
Wholesale and Commercial retailing in relation to the following goods: Household or kitchen utensils and containers, textiles, Clothing, Shoes and headgear, haberdashery, Floor coverings, Games and playthings, Gymnastic and sporting articles
Retailing in the field of an online supermarket, in relation to the following goods: Non-medicated cosmetics, Non-medicated cosmetics, non-medicated dentifrices, Perfumery, Essential oils, washing preparations, Bleaching, Cleaning preparations, polishing preparations, scouring preparations, abrasive preparations, Industrial oils, industrial greases, Flour wax, Lubricants, dust absorbing, Wetting, Dust controlling compositions, Fuels, And illuminants, Candles, Wicks for lighting, Pharmaceuticals, medical preparations, Veterinary preparations, Sanitary preparations for medical purposes, Plasters, materials for dressing, Materials for filling teeth, dental wax, Disinfectants, Preparations for destroying vermin, fungicides, herbicides, Hand tools, hand-operated, Hand implements (hand-operated), Cutlery, Side arms, Razors, Shaving equipment, Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity, Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data, Recorded media, Downloadable media, Computer software, Blank digital or analogue recording and storage media, mechanisms for coin-operated apparatus, Cash registers, Calculating devices, Computers, computer peripherals, Diving suits, Divers' masks, Ear plugs for divers, Nose clips for divers and swimmers, Gloves for divers, breathing apparatus for underwater swimming, Fire extinguishers, Surgical, medical, dental and veterinary instruments and apparatus, Prostheses, artificial eyes, artificial teeth, Orthopaedic articles, surgical sutures, Therapeutic and assistive devices adapted for people with disabilities, Apparatus for massage, Apparatus, devices and articles for nursing infants, Sexual activity apparatus, devices and articles, Clothing, footwear, headgear, Lace trim, weaves, Braiding, Strands, Braids, Embroidery, Tapes [haberdashery], haberdashery bows, Buttons, hooks and eyes, pins and needles, artificial flowers, Hair ornaments, False hair, Games, Toys, Toys, video game apparatus, Gymnastic articles, Sporting articles, Decorations for Christmas trees, Tobacco, Tobacco substitute, Cigarettes, cigars, electronic cigarettes, oral vaporizers for smokers, Smokers' articles, matches
Administrative processing of purchase orders
Marketing, advertising and promotional services
Market research and information services
Arranging of advertising services
Creation, publication and dissemination of promotional and advertising material
Promotion [advertising] of business
Dissemination services of advertisement matter
Arranging and conducting of promotional events
Providing information regarding products from searchable indexes and databases of information, including text, electronic documents, databases, graphics and audio visual information, on computer and communication networks
Online community management services
Customer loyalty services for commercial, promotional and advertising purposes
Dissemination of advertising matter
Administration of loyalty rewards programs
Loyalty scheme services
Administration of consumer loyalty programs
Organisation, operation and supervision of customer loyalty schemes
Ordering services for third parties
Information, advisory and consultancy services relating to the aforesaid.
The mark was filed in class 39 with following description of goods:
Information relating to tariffs, timetables and methods of transport
Delivery and Delivery, Collection, Transport, Transmission and Messenger courier services, in relation to the following goods: Cleaning preparations, personal care items, Cosmetic preparations, candles, Pharmaceuticals, Ironmongery, small items of metal hardware, Hand tools, Consumer electronics, Computers, Computer peripherals, Telephones, Cameras [photography], CDs & DVDs, Domestic electrical appliances, Vehicles, Bicycles, Jewels, Clocks and Watches, Printer matters
Delivery and Delivery, Collection, Transport, Transmission and Messenger courier services, in relation to the following goods: Leather goods, Handbags, purses and wallets, Furniture, household items, Household or kitchen utensils and containers, Textiles, clothing, Footwear, headgear, Trimmings, Floor coverings, Games and playthings, Gymnastic and sporting articles
Including the aforesaid services via electronic channels
Information, advisory and consultancy services in relation to all the aforesaid.