The trademark ONAMI FOODS was filed by ONAMIFOODS, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on October 30, 2022, and received one opposition filed on January 29, 2023 by Bonami Foodservice GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Heymel, Hendrik and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 29, 2023
It was designated 'Basic Application' for International Application 1717064 at the World Intellectual Property Organization (WIPO).
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003189387 was refused according to Article 8(1)(b) EUTMR with decision issued on December 14, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Plant-based meat, fritters and/or fillets
Steaks made with vegetable proteins or Steaks based on alternative proteins
Meatballs made from vegetable protein or Meatballs based on alternative proteins
Nuggets made with vegetable proteins or Nuggets based on alternative proteins
Textured vegetable proteins for use as substitutes
Charcuterie made with vegetable protein or Charcuterie based on alternative proteins
Fruit, preserved
Frozen fruits
Dried fruit
Cooked fruits
Vegetables, preserved
Frozen vegetables
Vegetables, dried
Vegetables, cooked
Mushrooms, prepared
Processed chickpeas
Goods based on processed chickpeas
Prepared edible seaweed
Hoshi-nori (dried sheets of nori seaweed)
Yaki-nori (toasted sheets of nori seaweed)
Bamboo shoots, processed
Flour and powder for food based on sea components
Jellies for food
Jams
Compotes
Eggs
Milk
Milk products
Milk products of plant origin
Oils for food
Butter
Charcuterie
Salted meats
Prepared dishes based on plant proteins
Patties for frying based on the following products: Fish, not live, Crustacea or Vegetables
Edible insects, not live
Cheese
Vegan cheese
Milk beverages, milk predominating
Processed food products, namely Meat, Poultry, Game, not live, Fish, not live, Crustacea and Seafood
Ready meals based on the following goods: vegetable proteins
Flour based on sea components.
The mark was filed in class 30 with following description of goods:
The mark was filed in class 35 with following description of goods:
Wholesale and retail sale services for foodstuffs and beverages
Wholesale services and Retailing in relation to the following goods: Processed food products and Prepared meals made from the following products: Plant protein and alternative protein
Retail and wholesale services in relation to the following goods: Fruits in all forms, vegetables in all forms, fungi, chickpeas, Edible seaweed, Hoshi nori (dried nori seaweed sheets), yaki nori (toasted nori seaweed sheets), bamboo shoots, Jellies, Jams, Fruit sauces, Eggs, Milk, Milk products, Oils for food, Butter, Charcuterie, Salted foods, Edible insects, Cheese, Vegetarian cheese and Milk drinks
Wholesale services and Retailing in relation to the following goods: Patties for frying made from the following products: Fish, crustaceans or Vegetables
Wholesale services and Retailing in relation to the following goods: Products based on the following goods: Processed chickpeas and Preparations made from cereals
Wholesale services and Retailing in relation to the following goods: Cheeseburgers (sandwiches), Sandwiches, Pizzas, Pancakes, relish, Biscuits, Cakes, Biscotti, Bonbons, Sauces (condiment), Weeds [condiment] and Spices
Business project administration and management
Marketing analysis, Compiling of cost analyses and Cost-price analysis
Providing customer loyalty programs for promotional purposes