018766879

Wellgood BY PENNY

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September 25, 2022

Trademark Summary

The trademark wellgood BY PENNY was filed by REWE-Beteiligungs-Holding International GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 18, 2022, and received one opposition filed on December 11, 2022 by Leaf Group Ltd. on Likelihood of confusion. the opponent was represented by KILBURN & STRODE LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 11, 2022

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

Appointment and Replacement of representative of the trademark registration was recorded on March 8, 2023.

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Goods And Services

• The mark was filed in class 5 with Dietary supplements and dietetic preparations and Food for babies..
• The mark was filed in class 29 with following description of goods:
  
  1. Meat and meat products
  2. Meat spreads
  3. Fish, seafood and molluscs, not live
  4. Fish, seafood and molluscs spreads
  5. Dairy products and dairy substitutes
  6. Cheese
  7. Birds eggs and egg products
  8. Edible oils and fats
  9. Processed fruits, fungi, vegetables, nuts and pulses
  10. Jellies, jams, compotes, fruit and vegetable spreads
  11. Soups and stocks, meat extracts
  12. Prepared insects and larvae
  13. Sausage casings, natural or artificial
  14. Prepared meals, Convenience foods and Savoury snacks, Namely ready meals predominantly consisting of vegetables, Prepared meals based primarily on fruit
  15. Prepared dishes consisting principally of meat, Prepared meals consisting primarily of fish, Prepared meals consisting substantially of seafood, Prepared meals consisting primarily of meat substitutes and Prepared meals containing [principally] eggs
  16. Desserts, namely based on milk, dairy products, fruit
  17. Desserts, namely, based on the following products: Milk substitutes, Especially, based on the following products: Soya, Nuts, Coconut and Almonds.
• The mark was filed in class 30 with following description of goods:
  
  1. Prepared meals and savoury snacks, in particular snacks based on corn, cereals, flour and sesame, biscuits and crackers, dumplings, pancakes, pasta, rice and cereal foodstuffs, pastes and farinaceous foods, sandwiches and pizzas, spring rolls and seaweed rolls, steamed buns, tortilla foodstuffs
  2. Salts, seasonings, flavourings and condiments
  3. Savory sauces, chutneys and pastes
  4. Baked goods, confectionery, chocolate and desserts, namely With a base of sugar, cereals, dough, pastries and confectionery, chocolate, puddings
  5. Bread
  6. Pastries, cakes, tarts and biscuits (cookies)
  7. Sweets (candy), candy bars and chewing gum
  8. Cereal bars and energy bars
  9. Sugars, natural sweeteners, sweet coatings and fillings, bee products
  10. Syrups and treacles
  11. Sweet glazes and fillings
  12. Ice, ice creams, frozen yogurts and sorbets
  13. Coffee, teas and cocoa and substitutes therefor
  14. Processed grains, starches, and goods made thereof, baking preparations and yeasts
  15. Dried and fresh pastas, noodles and dumplings
  16. Cereals
  17. Rice
  18. Flour
  19. Breakfast cereals, porridge and grits
  20. Yeast and leavening agents
  21. Doughs, batters, and mixes therefor.
• The mark was filed in class 31 with following description of goods:
  
  1. Agricultural and aquacultural crops, horticulture and forestry products
  2. Algae for human consumption
  3. Plants and their fresh produce
  4. Fresh fruits, nuts, vegetables and herbs
  5. Malts and unprocessed cereals
  6. Fungi.
• The mark was filed in class 32 with following description of goods:
  
  1. Non-alcoholic beverages
  2. Nut and soy based beverages
  3. Flavoured carbonated beverages
  4. Juices
  5. Waters
  6. Non-alcoholic preparations for making beverages.