018770972

CHOCOBERRY

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October 3, 2022

Trademark Summary

The trademark CHOCOBERRY was filed by Kashif Razzaq, a national of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on January 8, 2023, and received one opposition filed on March 23, 2023 by Barry Callebaut France S.A.S. on Likelihood of confusion. the opponent was represented by MEISSNER BOLTE PATENTANWÄLTE RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 23, 2023

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

The Opposition with reference B 003192406 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 24, 2024 by the EUIPO.

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Goods And Services

• The mark was filed in class 29 with following description of goods:
  
  1. Dairy products and dairy substitutes
  2. Dairy desserts
  3. Chilled dairy desserts
  4. Preserved, frozen, dried and cooked fruits, fruit purees
  5. Fruit desserts
  6. Milk or milk substitute based desserts
  7. Milk or milk substitute based drinks
  8. Milk shakes
  9. Yoghurt desserts
  10. Yoghurt drinks.
• The mark was filed in class 30 with following description of goods:
  
  1. Coffee, tea, cocoa and substitutes therefor
  2. Bread, pastries and confectionery
  3. Cakes, cream cakes, tarts, biscuits, cookies, cheesecakes, macarons, waffles, churros, crepes
  4. Chocolate
  5. Chocolate sweets
  6. Sweets
  7. Chocolate beverages
  8. Bases and flavourings for milk shakes
  9. Flavourings for beverages
  10. Ice cream, sorbets and other edible ices
  11. Ice cream desserts
  12. Sugar, syrups, honey, treacle
  13. Yeast, baking-powder, batter for crepes
  14. Chocolate desserts
  15. Chocolate creams
  16. Chocolate based desserts
  17. Custards (baked desserts)
  18. Prepared desserts
  19. Puddings
  20. Dessert souffles
  21. Mousses
  22. Chocolate coated fruits, chocolate dipped fruits.
• The mark was filed in class 43 with following description of goods:
  
  1. Café services
  2. Cafés
  3. Cafeteria services
  4. Catering (Food and drink -)
  5. Catering for the provision of food and beverages
  6. Catering of food and drinks
  7. Cocktail lounge services
  8. Coffee shop services
  9. Coffee shops
  10. Fast food restaurants
  11. Fast-food restaurant services
  12. Food and drink takeaway services
  13. Hospitality services [food and drink]
  14. Ice cream parlours
  15. Ice cream parlour services
  16. Lounge services (Cocktail -)
  17. Providing food and beverages
  18. Restaurant services for the provision of fast food
  19. Self-service cafeteria services
  20. Self-service restaurant services
  21. Take away food services
  22. Take-away fast food services
  23. Takeaway services
  24. Tea rooms
  25. Teahouse services.