EUTM file information

018867938

HeliaFOOD

April 26, 2023

Trademark Summary

The trademark HeliaFOOD was filed by Systemhaus RCE GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant") and Markus Pscheidl, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on July 6, 2023, and received one opposition filed on October 3, 2023 by Dulces y Conservas HELIOS, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BALDER IP LAW, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 3, 2023

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

Goods And Services

  • The mark was filed in class 1 with Protein for use in the manufacture of cosmetics and Raw proteins for use in manufacture..
  • The mark was filed in class 3 with following description of goods:
    1. Non-medicated cosmetics and toiletry preparations
    2. Lipsticks
    3. Lip balms [non-medicated]
    4. Creams, Including, Cosmetics, Especially, creams, based on the following products: Beeswax
    5. Creams, based on the following products: Beeswax and Oils, creams, based on the following products: Beeswax and Sunflower oil, creams, based on the following products: Ethereal oils, Perfumed creams, Skin cream, Hand creams, Face and body creams, Hair care creams
    6. Aftershave creams, Shaving cream
    7. Cream soaps
    8. Essential vegetable oils
    9. Plant flavourings
    10. Furbishing preparations for household purposes and other areas
    11. Non-medicated dentifrices
    12. Perfumery, essential oils
    13. Bleaching preparations and other substances for laundry use
    14. Cleaning, polishing, scouring and abrasive preparations
    15. Hygiene products, Namely cosmetics
    16. Tissues impregnated with cosmetic lotions
    17. Deodorants for human beings or for animals (perfumery)
    18. Room odorising preparations
    19. Nail art stickers
    20. Polishing wax
    21. Sandpaper
    22. Oils for cleaning purposes
    23. Rust removing preparations.
  • The mark was filed in class 5 with following description of goods:
    1. Pharmaceuticals, medical and veterinary preparations
    2. Natural remedies
    3. Natural remedies, based on the following products: bees wax
    4. Natural remedies based on the following products: bees wax and Oils, Especially Sunflower oil
    5. Pain relieving creams
    6. Creams for dermatological use
    7. Anti-itch creams
    8. Medicated lip balm
    9. Sanitary preparations for medical purposes
    10. Plasters, materials for dressings
    11. Material for stopping teeth, dental wax
    12. Disinfectants
    13. Preparations for destroying vermin
    14. Fungicides, herbicides
    15. Agents with fungicidal and/or herbicidal effect, Especially Oils
    16. Sanitary preparations for personal use, other than cosmetics and beauty preparations
    17. Napkins for incontinents, babies' napkins
    18. Deodorising preparations, other than for human beings or for animals
    19. Medicated shampoos, soaps, lotions and dentifrices
    20. Hemp oil for medical purposes.
  • The mark was filed in class 21 with following description of goods:
    1. Household or kitchen utensils and containers
    2. Cookware and tableware, except forks, knives and spoons
    3. Hand-operated household or kitchen utensils, Cosmetic utensils, Implements for cosmetic purposes
    4. Glassware
    5. Stirring spoons, Basting spoons [cooking utensils] and Corkscrews, electric and non-electric
    6. Kitchen utensils for serving, Especially Sugar tongs, Ice tongs, Pie servers and Serving ladles
    7. Containers for household or kitchen use, In particular vases, Bottles, Piggy banks, Buckets, Cocktail shakers, Cooking pots and pans and non-electric kettles and pressure cookers
    8. Small hand-operated kitchen utensils for chopping, milling, pressing or shredding, In particular garlic presses, Nutcrackers, Mortars and pestles
    9. Mats for dishes and decanters
    10. Cosmetic utensils and hygienic and beauty implements
    11. Fly traps
    12. Glue traps for insects
    13. Can lids for cans of foodstuffs and fodder for animals
    14. Cleaning instruments, Especially Cleaning stylets, with or without brushes, in particular for cleaning contaminated or blocked drains, hoses, tubes and pipes
    15. Flexible drain brushes, pipe brushes, hose brushes for cleaning contaminated or blocked drains, hoses, tubes and pipes.
  • The mark was filed in class 31 with following description of goods:
    1. Live animals
    2. Agricultural goods, not prepared for consumption
    3. Live marine animals, not prepared for consumption
    4. Live insects, Live larvae
    5. Live edible insects and larvae.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising
    2. Business management
    3. Business administration
    4. Office functions
    5. Collecting and compiling of event data
    6. Collecting and compiling subject-related information and press articles, Public relations services
    7. Data search in computer files for others
    8. On line advertising on a computer network
    9. Organisational project management in the field of electronic data processing
    10. Presentation of companies and Presentation of authorities On the Internet and via other media
    11. Computerized file management
    12. Professional business consultancy
    13. Collating, systematisation and compiling of data in computer databases
    14. Retailing and wholesaling, Including online mail order in relation to the following goods: Cosmetology, hair brushes, Combs, Soaps, Furbishing and cleaning preparations, Toilet utensils and Hygiene utensils, textile products
    15. Presentation of goods on communications media for wholesale and retail purposes
    16. Advertising by mail order
    17. Public relations
    18. Arranging of trading and economical contacts, also over the Internet
    19. Wholesale and retail business management
    20. Advertising agencies and services including the distribution of prospectuses (direct or by post), and the distribution of samples
    21. Marketing
    22. Professional business and/or organisational consultancy for franchising concepts
    23. Business advice relating to franchising
    24. Online advertisements
    25. Online ordering services
    26. Providing on-line auction services
    27. Rental of advertising space on-line
    28. Dissemination of advertising matter online
    29. On-line advertising and marketing services
    30. Online mail order relating to the following goods: Chemical products used in industry and science
    31. Online mail order relating to the following goods: Non-medicated cosmetics, household cleaning preparations, Industrial oil and greases, fuels and illuminants, pharmaceuticals and Other preparations For medical and veterinary purposes
    32. Online mail order relating to the following goods: Edible insects and Edible larvae
    33. Online mail order relating to the following goods: Tobacco and Smokers' articles, Accessories for the aforesaid goods, Trays for these goods
    34. On-line wholesale services and Online retail services in relation to the following goods: Non-medicated cosmetics, household cleaning preparations, Industrial oil and greases, fuels and illuminants, pharmaceuticals and Other preparations For medical and veterinary purposes
    35. The bringing together of cooking boxes for the benefit of others, For sales purposes.
  • The mark was filed in class 39 with following description of goods:
    1. Delivery of goods
    2. Distribution services
    3. Transport
    4. Packaging of goods.