The trademark APPLE KING was filed by Dmitrii Shesternenko, a national of the Russian Federation (the "Applicant"). The application was published for oppositions on February 16, 2023, and received one opposition filed on May 8, 2023 by MEICA Ammerländische Fleischwarenfabrik Fritz Meinen GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GLAWE, DELFS, MOLL and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 8, 2023
The application was filed in Polish, and Polish 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 November 13, 2023.
Goods And Services
The mark was filed in class 29 with following description of goods:
Cheese dips
Soup concentrates
Shredded coconut
Eggs
Egg substitutes
Cheese
Whipped cream
Kephir [milk beverage]
Margarine
Butter
Buttermilk
Milk
Beverages having a milk base
Flavoured milk beverages
Drinks made from dairy products
Plantbased milk substitutes
Cottage cheese
Cream [dairy products]
Milk substitutes
Butter substitutes
Margarine substitutes
Sour cream substitutes
Artificial cream (dairy product substitutes)
Curd
Non-dairy milk substitutes
Evaporated milk
Powdered milk
Condensed milk
Coconut milk-based beverages
Almond milk-based beverages
Peanut milk-based beverages
Oat-based beverages [milk substitute]
Soya-based beverages used as milk substitutes
Soya milk
Rice milk
Oat milk
Sheep milk
Organic milk
Coconut milk
Goat milk
Cows' milk
Almond milk
Edible oils and fats
Fish, seafood and molluscs, not live
None of the above goods containing meat or meat products and/or as prepared dishes.
The mark was filed in class 30 with following description of goods:
Brown sugar
Sugar
White sugar
Sugar, honey, treacle
Honey
Sugar substitutes
Honey substitutes
Natural sweeteners
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Prepared foodstuffs in the form of sauces
Coffee, teas and cocoa and substitutes therefor
Salts, seasonings, flavourings and condiments
Dried and fresh pastas, noodles and dumplings
Cereal preparations
Doughs, batters, and mixes therefor
Pasta
Baking spices
Aromatic preparations for pastries
Farinaceous foods
Bread
Bread rolls
Baguettes
Bagels
Bread biscuits
Biscuits [sweet or savoury]
Sweets (candy), candy bars and chewing gum
Foodstuffs containing chocolate [as the main constituent]
Halvah
Chocolate
Chocolates
Marzipan
Nonmedicated confectionery products
Boiled confectionery
Custard
Imitation chocolate
Processed grains, starches, and goods made thereof, baking preparations and yeasts
None of the above goods containing meat or meat products and/or as prepared dishes.
The mark was filed in class 31 with following description of goods:
Fresh fruits, nuts, vegetables and herbs
Unprocessed apples
Pears, fresh
Vegetables, fresh
Garden herbs, fresh
Fruit, fresh
Nuts [fruits]
Unprocessed fruits
Unprocessed vegetables.
The mark was filed in class 32 with following description of goods: