The trademark application VielfaltMenü was filed by VielfaltMenü GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 8, 2024, and it was registered by office on April 16, 2024 without any oppositions.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018771326 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on September 25, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable media
Electronic publications, downloadable
Podcasts
Data sets, recorded or downloadable
Computer software platforms, recorded or downloadable
Computer software applications, downloadable
Computer software
Mobile apps for digital ordering of food
Application software for ordering meals
Mobile and web-based apps for the digital display of menus of canteens, restaurants and other catering services and catering facilities including a filter function relating to allergens or intolerances
Application software for the display of menus of canteens, restaurants and other catering services and catering facilities including a filter function relating to allergens or intolerances
Mobile and web-based apps for the digital display of seating capacity and occupancy of canteens, restaurants and other catering services and catering facilities
Application software for the display of seating capacity and occupancy of canteens, restaurants and other catering services and catering facilities
Mobile and web-based apps for digital online pre-ordering and online payment in canteens, restaurants and other catering services and catering facilities
Application software for online pre-ordering and online payment in canteens, restaurants and other catering services and catering facilities
Mobile and web-based apps for digital price benefits through bonus schemes in canteens, restaurants and other catering services and catering facilities
Application software for price benefits through bonus schemes in canteens, restaurants and other catering services and catering facilities
Mobile and web-based apps featuring feedback functions relating to service, equipment and providing of food and drink in canteens, restaurants and other catering services and catering facilities
Application software for feedback functions relating to service, equipment and providing of food and drink in canteens, restaurants and other catering services and catering facilities
Mobile and web-based apps featuring newsfeed functions
Application software for newsfeed functions
Recorded media and downloadable media, in relation to the following fields: Cookery and nutrition
Electronic publications, downloadable, in relation to the following fields: Cookery and nutrition
Podcasts, in relation to the following fields: Cookery and nutrition
Electronic publications, downloadable, in relation to the following goods: Recipes, Recipes for making beverages
Podcasts, in relation to the following goods: Recipes, Recipes for making beverages
Encoded loyalty cards.
The mark was filed in class 16 with following description of goods:
Bookbinding material
Printed matter
Books
Manuals [handbooks]
Booklets
Pamphlets
Magazines [periodicals]
Stationery
Office requisites, except furniture
Table linen of paper
Bags [envelopes, pouches] of paper or plastics, for packaging
Cookery books
Books and Pamphlets, in relation to the following fields: Nutritional
Printed recipes for making food and beverages
Paper loyalty cards
Menu cards
Photographs [printed]
Pictures.
The mark was filed in class 21 with following description of goods:
Containers for household or kitchen use
Household or kitchen utensils
Cookware and tableware, except forks, knives and spoons
Glassware, porcelain and earthenware
Lunch boxes
Lunch boxes
Lunchboxes
Mugs
Cups
Table plates
Pots
Skillets
Butter dishes
Glass jars [carboys]
Vegetable dishes
Heat-insulated containers for beverages
Thermally insulated containers for food
Fruit bowls
Fitted picnic baskets, including dishes
Salad bowls
Soup bowls
Dishes
Chopping boards
Bowls [basins]
Drinking bottles
Glass containers for foodstuff
Boxes of glass for prepared meals
Reusable containers.
The mark was filed in class 35 with following description of goods:
Advertising
Marketing
Promotion services
Market research and market analysis
Consultancy and support in the field of advertising
Distribution of advertising, marketing and promotional material
Business management, organisation and administration services
Office functions
Professional business consultancy
Personnel consultancy
Assistance relating to recruitment and placement of staff
Staff utilisation planning
Restaurant management for others
Business management assistance in the establishment and operation of restaurants
Administrative assistance in responding to calls for tenders
Updating and maintenance of data in computer databases
Updating of advertising material
Cost price analysis
Analysis of market research statistics
Analysis of market research data
Analysis of business statistics
Analysis of business data
Analysis of business data of catering services relating to delivery and route lists, output lists, sales
Business inquiries
Business management and organization consultancy
Business management consultancy
Personnel management consultancy
Provision of an online marketplace for buyers and sellers of goods and services
Commercial information and advice for consumers in the choice of products and services
Providing business information via a web site
Procurement services for others [purchasing goods and services for other businesses]
Business management of reimbursement programmes for others
Book-keeping
Computerised management of food orders
Computerized file management
Data processing services [office functions]
Conducting of commercial events
Retail services relating to food
Retail services, wholesale services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Recorded media and downloadable media, Downloadable electronic publications, podcasts, Computer software applications, downloadable, Computer software
Retail services, wholesale services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Book binding material, Printed matter, books, Sanitary pads, Stationery, Office requisite, Bags of paper or plastic for packaging, cookbooks, Books and pamphlets relating to the topic of nutrition, recipes for making food and beverages
Retail services, wholesale services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Household or kitchen utensils and containers, Cookware and tableware, Glassware, porcelain, earthware, Lunch boxes, Bread bins, Lunch boxes, Heat-insulated containers for beverages, Heat-insulated containers for foodstuffs, drinking flasks, Reusable containers
Retail services, wholesale services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Meat, Fish, poultry, Fish and meat preserves, Sausage, Low-meat charcuterie and plant-based charcuterie, Preserved, frozen, dried and cooked fruits and vegetables, Vegetable soups, Jellies, jams, compotes, fruit spreads
Retail services, wholesale services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Milks, Cheese, butter, Yogurt, Milk products, Oat and almond milk, Nuts, Edible oils and fats, Prepared salads
Retail services, wholesale services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Prepared meals consisting mainly of meat, fish, poultry or game, ready meals consisting predominantly of meat, fish, poultry, game, Prepared meals consisting mainly of fruit or vegetables
Retail services, wholesale services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Prepared meals consisting mainly of eggs or milk preparations, prepared meals consisting mainly of meat substitutes, Prepared meals consisting primarily of meat substitutes, Prepared meals consisting wholly of fish substitutes, Prepared meals consisting principally of fish substitutes
Retail services, wholesale services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Coffee, Tea, cocoa, Rice, pasta, noodles, bread, Bakery products, Confectionary, Pastries, Muesli, Pizzas and Pinsas, Quiches, Sandwiches, Ramen, Sushi, Tabbouleh, Tacos, Chocolate, ice creams, Honey, Edible candy, Spices, Preserved herbs, Vinegar, sauces, Mustard
Retail services, wholesale services, Mail order retail services, Also provided via the Internet, in relation to the following goods: Prepared meals consisting wholly or mainly of rice, pasta or noodles, prepared bowls, Open sandwiches, wraps, Paninis, Fresh fruits, vegetables and herbs, Fresh salads, Natural plants and flowers, Beers, Non-alcoholic drinks, Mineral waters, Fruit drinks and fruit juices, Energy beverages, Lemonades, Alcoholic beverages
Business efficiency expert services
Drawing up of statements of accounts
Commercial information agency services
Invoicing
Commercial or industrial management assistance
Business intermediary services relating to the matching of potential private investors with entrepreneurs needing funding
Sales, event or marketing management services
Online ordering services in the field of restaurant take-out and delivery
Organization of exhibitions for commercial or advertising purposes
Business organization consultancy
Outsourced administrative management for companies
Outsourcing services [business assistance]
Employment agency services
Personnel recruitment
Business management assistance
Sponsorship search
Systemization of information into computer databases
Business consultancy services for digital transformation
Negotiation of business contracts for others
Rental of office equipment in co-working facilities
Negotiation and conclusion of commercial transactions for third parties
Commercial intermediation services
Administration of consumer loyalty programs
Administrative processing of purchase orders
Online ordering services for ordering of food
On-line ordering services in the field of restaurant take-out and delivery
Administrative loyalty card services
Services of organising, Administration services, for the benefit of others, Especially, Providing of back office systems, online registration and online profile management of customers and users on an ordering system
Computerized file management, Especially Master data administration
Administrative services on an online ordering system
Sales promotion for others provided through the distribution and the administration of privileged user cards
Computerised accounting
Book-keeping and accounting services
Billing
Billing services
Billing services for catering services
Procurement of contracts [for others]
Negotiation of contracts (for others)
Assistance in the field of customer service, in particular processing orders, customer queries and complaints management
Dunning
Contract management.
The mark was filed in class 36 with following description of goods:
Finance services
Monetary affairs
Insurance consultancy
Real estate consultancy
Providing insurance information
Providing financial information
Debt collection agency services
Electronic funds transfer
Financial consultancy
Financial appraisals in responding to calls for tenders
Financing services
Hire-purchase financing
Arranging finance
Rental of real estate
Online payments
On-line bill payment services
Provision of prepaid cards and tokens
Bill paying services
Payment card services
Processing payments made by charge cards.
The mark was filed in class 38 with following description of goods:
Telecommunication services
Providing user access to global computer networks
Providing telecommunications connections to a global computer network
Providing internet chatrooms
Providing online forums
Computer aided transmission of messages and images
Streaming of data
Transmission of digital files
Message sending
Transmission of podcasts
Providing access to databases
Online communications for the purpose of ordering of food.
The mark was filed in class 39 with following description of goods:
Transport
Food delivery services
Delivery of food and drink prepared for consumption
Packaging and storage of goods
Arranging of transportation for travel tours
Delivery of goods
Storage information
Transportation information
Freight forwarding
Carting
Storage of goods
Wrapping of goods
Bottling services
Replenishment of vending machines
Arranging of goods transportation services for others via an online application
Rental of electric wine cellars
Vehicle rental
Garage rental
Rental of freezers
Rental of vehicle roof racks
Refrigerator rental
Rental of storage containers
Rental of warehouses
Rental of storage lockers
Packaging of goods
Packaging of foodstuffs
Packaging services
Logistical services.
The mark was filed in class 40 with following description of goods:
Processing of foodstuffs for use in manufacture
Freezing of foods
Food and drink preservation
Custom manufacturing of bread
Food smoking
Cheese processing services in the nature of ripening, maturing and aging of cheese
Rental of air-conditioning apparatus
Rental of space heating apparatus
Rental of electricity generators
Destruction of waste and trash
Rental of machines and apparatus for processing foods
Custom manufacture, in relation to the following goods: Meals
Custom manufacturing of baked goods, Custom manufacture of confectionery
Custom manufacture, in relation to the following goods: Sandwiches
Custom manufacture, in relation to the following goods: Plant-based food
Custom manufacture, in relation to the following goods: Food for the providing of food and beverages in canteens
Custom manufacture, in relation to the following goods: Charcuterie
Custom manufacture, in relation to the following goods: Soups
Custom manufacture, in relation to the following goods: Jams, Compotes and Fruit spreads
Custom manufacture, in relation to the following goods: Milk products
Custom manufacture, in relation to the following goods: Salads
Custom manufacture, in relation to the following goods: Vegetable meals
Custom manufacture, in relation to the following goods: Prepared meals
Custom manufacture, in relation to the following goods: Muesli preparations
Custom manufacture, in relation to the following goods: Pizzas and Pinsas
Custom manufacture, in relation to the following goods: Quiches
Custom manufacture, in relation to the following goods: Sandwiches and canapes
Custom manufacture, in relation to the following goods: Ice cream, Sorbets and other edible ices
Custom manufacture of confectionery.
The mark was filed in class 41 with following description of goods:
Educational instruction
Training
Entertainment services
Sporting and cultural activities
Educational services provided by schools
Providing of non-downloadable online videos and podcasts
Vocational guidance [education or training advice]
Coaching [training]
Practical training [demonstration]
Electronic desktop publishing
Educational certification services, namely, providing training and educational examination
Vocational retraining
Publication of texts, other than publicity texts
Know-how transfer [training]
Providing online electronic publications, not downloadable
Online publication of electronic books and journals
Arranging and conducting of conferences
Arranging and conducting of congresses
Arranging and conducting of symposiums
Party and event planning (entertainment)
Cultural event management, namely Arranging of cultural events
Planning and preparation of business and company celebrations
Arranging and conducting of seminars
Arranging and conducting of workshops [training]
Arranging and conducting of colloquiums
Organization of exhibitions for cultural or educational purposes
Organisation of competitions (education, training or entertainment)
Transfer of business knowledge and know-how [training]
Publication of books
Cooking workshops
Cooking workshops at schools and children's day care centres
Education services relating to cooking
Correspondence courses relating to cookery
Educational instruction, in relation to the followings fields: nutrition
Teaching of diet education
Dietary education services
Provision of instruction relating to nutrition
Provision of educational courses relating to diet
Retraining of staff, in relation to the followings fields: cooking and nutrition
Retraining of staff
Publication of recipes, Including via the Internet
Training, in relation to the followings fields: Horticulture and Agriculture.
The mark was filed in class 42 with following description of goods:
Quality control and authentication services
Design and development of computer hardware and software
Software design for others
Updating of computer software
Maintenance of computer software
Computer software consultancy
Computer programming services for data processing
Software as a service [SaaS]
Electronic data storage
Rental of computers and computer software
Computer rental
Computer security consultancy
Computer technology consultancy
Counselling, Relating to the following sectors: the use of energy, Energy saving
Web site design consultancy
Technical writing
Planning of kitchens
Rental of application software
Design, updating and maintenance of software for mobile or web-based apps for digital ordering of food
Design, updating and maintenance of application software for ordering of food
Design, updating and maintenance of software for mobile or web-based apps for the digital display of menus of canteens, restaurants and other catering services and catering facilities including a filter function relating to allergens or intolerances
Design, updating and maintenance of application software for the display of menus of canteens, restaurants and other catering services and catering facilities including a filter function relating to allergens or intolerances
Design, updating and maintenance of software for mobile or web-based apps for the digital display of seating capacity and occupancy of canteens, restaurants and other catering services and catering facilities
Design, updating and maintenance of application software for the display of seating capacity and occupancy of canteens, restaurants and other catering services and catering facilities
Design, updating and maintenance of software for mobile or web-based apps for digital online pre-ordering and online payment in canteens, restaurants and other catering services and catering facilities
Design, updating and maintenance of application software for online pre-ordering and online payment in canteens, restaurants and other catering services and catering facilities
Design, updating and maintenance of software for mobile or web-based apps for digital price benefits through bonus schemes in canteens, restaurants and other catering services and catering facilities, design, updating and maintenance of application software for price benefits through bonus schemes in canteens, restaurants and other catering services and catering facilities
Design, updating and maintenance of software for mobile or web-based apps featuring feedback functions relating to service, equipment and providing of food and drink in canteens, restaurants and other catering services and catering facilities
Design, updating and maintenance of application software for feedback functions relating to service, equipment and providing of food and drink in canteens, restaurants and other catering services and catering facilities
Design, updating and maintenance of software for mobile or web-based apps featuring newsfeed functions
Design, updating and maintenance of application software for newsfeed functions
Packaging design
IT service management [ITSM].
The mark was filed in class 44 with following description of goods:
Human hygiene and beauty care
Services in the field of agriculture, aquaculture, horticulture and forestry
Garden design services
Horticulture
Farming (crops)
Dietary and nutritional advice
Health counselling
Tree planting for carbon offsetting purposes
Rental of beehives
Dietetic advisory services
Dietetic advisory services in schools and children's day nurseries
Services rendered by a dietician
Providing nutritional information about food
Nutritional advice
Providing information via a Web site, in relation to the following fields: Nutrition
Providing counseling services, in relation to the following fields: Health and Nutrition, The aforesaid services provided by means of call centres and hotlines.
The mark was filed in class 45 with following description of goods:
Legal services
Legal document preparation services
Legal conveyancing
Legal services in relation to the negotiation of contracts for others
Legal services relating to licences
Licensing [legal services] in the framework of software publishing