The trademark bju was filed by Vitalum Holding GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 3, 2023, and received one opposition filed on August 2, 2023 by S.A. BRU-CHEVRON N.V. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CALYSTA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 2, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 23, 2024.
Goods And Services
The mark was filed in class 11 with following description of goods:
Hot plates
Heated cabinets for use in the food service industry
Heated trollies for keeping food warm
Food warmers
Heated display units
Electrical hot plates for food warming
Electric food warmers
Electric griddles [cooking appliances]
Gas-powered griddles [cooking appliances].
The mark was filed in class 21 with following description of goods:
Serving boards for food
Cold packs used to keep food and drink cold
Cold packs for chilling food and beverages
Small hand-operated household and kitchen utensils (not of precious metals or coated therewith)
Tableware.
The mark was filed in class 29 with following description of goods:
Soups and prepared meals, all mainly consisting of meat and/or meat products and/or fish and/or fish products and/or vegetables and/or potatoes and/or prepared fruit and/or poultry and/or game
Food for athletes being nutritive and/or dietetic foodstuffs, consisting mainly of meat, milk, nuts, fruit and vegetables, namely food concentrates containing extra protein, vitamins, minerals and/or lecithin and lecithin concentrates
Food consisting mainly of meat, milk, nuts, fruit and vegetables for elderly people being nutritive foodstuffs and/or diet, namely food concentrates containing extra calories, vitamins, minerals
All the aforesaid goods, where possible, grown organically and/or containing added vitamins and other fortifying substances to enhance their fortifying properties
Dishes of fish
Pre-packaged dinners consisting primarily of seafood
Ready cooked meals consisting primarily of chicken
Ready cooked meals consisting primarily of turkey
Cooked meals consisting principally of fish
Instant soup
Prepared meals made from seafood substitutes
Prepared meals containing [principally] eggs
Prepared dishes consisting principally of meat
Prepared meals consisting principally of game
Prepared meals containing [principally] chicken
Prepared meals consisting principally of vegetables
Prepared meals consisting primarily of fish
Prepared meals consisting primarily of duck
Prepared meals consisting primarily of turkey
Prepared meals consisting substantially of seafood
Prepared meals consisting primarily of meat substitutes
Vegetable-based prepared meals for toddlers
Frozen prepared meals consisting principally of vegetables
Antipasto salads
Casseroles [food]
Shepherd's pie
Fried chicken
Banana chips
Bisques
Roast chicken
Broth [soup]
Bulgogi [Korean beef dish]
Low carbohydrate ready meals
Ready meals to support a low carbohydrate diet
Prepared meals, namely Mediterranean meals
Dry and liquid prepared meals, including frozen meals, consisting mainly of one or more of the following goods, meat, fish, poultry, game, vegetables, potatoes, potato products, included in class 29, prepared fruits, cheese
Salads of meat, fish, poultry and game
Jams
Eggs, milk and milk products
Edible oils and fats.
The mark was filed in class 30 with following description of goods:
Table salt
Essences for use in food preparation [other than essential oils]
Rice based dishes
Meals consisting primarily of pasta
Meals consisting primarily of rice
Gravy mixes
Ready-to-eat puddings
Instant noodles
Prepared meals containing [principally] rice
Prepared meals containing [principally] pasta
Noodle-based prepared meals for toddlers.
The mark was filed in class 39 with Delivery of food and drink prepared for consumption.
The mark was filed in class 43 with following description of goods:
Food preparation services
Cookery advice
Services for the preparation of food and drink
Consultancy services relating to food preparation
Take-away food and drink services
Services for providing food
Supplying of meals for immediate consumption
Food and drink catering for institutions
Providing food and drink in bistros
Providing food and drink for guests
Serving food and drink for guests
Providing food and drink catering services for exhibition facilities
Providing food and drink catering services for convention facilities
Food and drink catering for banquets
Serving food and drinks
Catering for the provision of food and beverages
Takeaway services
Providing food and drink in restaurants and bars
Providing food and drink for guests in restaurants
Serving food and drink for guests in restaurants
Serving food and drink in restaurants and bars
Consultancy services in the field of food and drink catering
Providing food and drink catering services for fair and exhibition facilities
Food preparation for others on an outsourcing basis
Provision of information relating to the preparation of food and drink
Services for the preparation of food and drink
Rental of kitchen worktops for preparing food for immediate consumption
Preparation and provision of food and drink for immediate consumption
Information and advice in relation to the preparation of meals
Rental of furniture, linens, table settings, and equipment for the provision of food and drink
Hospitality services [accommodation]
Hospitality services [food and drink]
Accommodation bureau services
Provision of food and drink
Guesthouses
Guesthouses
Restaurant services
Corporate hospitality (provision of food and drink)
Restaurant services
Pubs
Pubs
Pubs
Pubs
Delicatessens [restaurants]
Accommodation services for meetings
Tourist restaurants
Beer garden services
Services for providing food and drink
Canteen services
Restaurant services
Self-service restaurant services
Snack-bar services
Mobile restaurant services
Mobile restaurant services
Salad bars
Hotel restaurant services
Providing of food and drink via a mobile truck
Grill restaurants
Charitable services, namely providing food and drink catering
Providing assisted living facilities [temporary accommodation]
Information, advice and reservation services for the provision of food and drink.