The trademark Kubuś was filed by Grupa Maspex Sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 18, 2023, and received one opposition filed on January 17, 2024 by BIPEM GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SPRENGER RECHTSANWALTSKANZLEI and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 17, 2024
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Fruit- and nut-based snack bars
Ajvar [preserved peppers]
Whipped cream
Consommes
Caponata
Cassoulet
Nut and seed-based snack bars
Soy-based food bars
Vegetable chips
Fruit chips
Soy chips
Potato crisps
Chop suey
Choucroute garnie
Yoghurt desserts
Dairy puddings
Artificial milk based desserts
Fruit desserts
Dips
Desserts made from milk products
Dolmas
Jams
Fruit spread
Extracts for soups
Vegetable extracts for cooking
Tomato extracts
Vegetable extracts for food
Jellies, Compotes, fruit and vegetable spreads
Prepared vegetable dishes
Tripe
Prepared meat dishes
Prepared meals made from meat [meat predominating]
Prepared vegetable products
Mushrooms, prepared
Stews
Instant stew
Mushrooms, preserved
Stewed apples
Yoghurt
Crystallized fruits
Candied fruit snacks
Baked beans
Beans cooked in soy sauce (Kongjaban)
Kimchi [fermented vegetable dish]
Milk shakes
Arrangements of processed fruit
Fruit-based concentrate for cooking
Vegetable-based concentrate for cooking
Tomato concentrates [puree]
Broth concentrates
Vegetable juice concentrates for food
Soup concentrates
Chicken balls
Vegetables, preserved
Preserves, pickles
Fruits, tinned
Gherkins
Stock cubes
Soup cubes
Cut fruits
Cut vegetables
Freeze-dried vegetables
Crystallized fruits
Marmalade
Cocoa butter for food
Powdered nut butters
Butter made of nuts
Mixes for making broths
Mixes for making soup
Mixtures of fruit and nuts
Dried fruit mixes
Snack mixes consisting of dehydrated fruit and processed nuts
Snack mixes consisting of processed fruits and processed nuts
Mixed vegetables
Milk products
Powdered milk
Milk
Fruit-based fillings for cakes and pies
Mincemeat [preserved fruit]
Drinks made from dairy products
Drinks made from dairy products
Edible seeds
Edible nuts
Aromatized fruit
Glazed fruits
Compotes
Fruit, preserved
Crystallized fruits
Pickled fruits
Fruit, processed
Fruits, tinned
Fruit pie fillings
Fruit spreads
Fruit paste
Hazelnut spread
Vegetable-based spreads
Spreads consisting mainly of fruits
Low fat dairy spreads
Soup pastes
Nut-based spreads
Dairy spreads
Fat-containing mixtures for bread slices
Pastes made from nuts
Vegetable pastes
Vegetable pate
Fruit pectin
Pectin for culinary purposes
Pickles
Apple flakes
Mixed pickles
Processed fruits, fungi, vegetables, nuts and pulses
Potato flakes
Sliced fruit
Pre-cut vegetable salads
Pre-cut vegetables
Nut toppings
Processed tomatoes
Tomato preserves
Peeled tomatoes
Tinned tomatoes
Prepared meals consisting principally of vegetables
Coated peanuts
Roasted peanuts
Preparations for making bouillon
Dried fruit products
Fruit Powders
Vegetable powders
Apple purée
Tomato paste
Fruit purees
Vegetable mousses
Milk-based snacks
Nut-based snack foods
Fruit-based snack food
Soy-based snack foods
Dried fruit-based snacks
Vegetable-based snack food
Potato-based snack foods
Fruit-based snack food
Potato snacks
Vegetable soup preparations
Fruit preserves
Pickles
Vegetable-based entrees
Vegetable puree
Mushrooms puree
Mashed potato
Meatballs
Instant mashed potato
Stews
Ratatouille
Broth [soup]
Potato puffs
Prepared salads
Fruit salads
Vegetable salads
Chilled dairy desserts
Fermented fruits
Fruit peel
Mincemeat made from fruits
Tomato juice for cooking
Lemon juice for culinary purposes
Fruit juices for cooking
Vegetable juices for cooking
Vegetable-based meat substitutes
Milk substitutes
Dried edible mushrooms
Dried nuts
Dried fruit
Tahini [sesame seed paste]
Edible fats
Tzatziki
Fermented vegetables
Vegetables, cooked
Grilled vegetables
Preserved vegetables
Processed collard greens
Preserved vegetables (in oil)
Freeze-dried vegetables
Pickled vegetables
Peeled vegetables
Vegetables, processed
Vegetables, processed
Processed legumes
Vegetables, dried
Vegetables, tinned
Bottled vegetables
Vegetable spreads
Salted vegetables
Canned sliced vegetables
Pre-cooked soup
Broth
Vegetable stock
Coffee creamer
Creamers for beverages
Whiteners [dairy] for beverages
Non-dairy creamer
Condensed tomatoes
Soups
Instant soup
Delicatessen goods
Gelatine
Soups and stocks, meat extracts
Soup powders
Canned soups
Noodle soup
Frozen vegetables
Frozen fruits, quick-frozen vegetable dishes
Frozen prepared meals consisting principally of vegetables
Frozen meals consisting primarily of meat
Vegetable fats for food
Vegetable oils for food
Blended vegetable oils for culinary purposes
Formed textured vegetable protein for use as a meat substitute
Meat substitutes
Cheese substitutes
Egg substitutes
Poultry substitutes
Butter substitutes
Margarine substitutes
Seitan [meat substitute]
Non-dairy milk substitutes
Plant-based milk substitutes
Sour cream substitutes
Soya milk
Rice milk
Dairy products and dairy substitutes
Artificial cream (dairy product substitutes)
Oat-based beverages [milk substitute]
Hemp milk used as a milk substitute
Soya-based beverages used as milk substitutes
Prepared meals consisting primarily of meat substitutes
Nut-based meal replacement bars
Fruit-based meal replacement bars
Fruit and vegetable salads
Fruit and vegetable spreads
Fruit and vegetable purées
Fruit and vegetable preserves
Fruit and vegetable powders
Fruit and vegetable chips
Fruit and vegetable juice concentrates for food
Mixed fruit and vegetables
Fruit and vegetable purée
Fruit- and vegetable-based snack foods
Frozen prepared vegetable meals, Prepared vegetable and meat dishes and prepared meat dishes, frozen, including the following products: Tripe, Tinned vegetables and meat, Stewed fruit, Stewed apples, Frozen fruits of the forest, Including mushrooms.
The mark was filed in class 30 with following description of goods:
Flavourings for foods
Foodstuffs made from cereals
Foodstuffs containing chocolate [as the main constituent]
Candy bars
Cereal bars and energy bars
Instant oatmeal
Puddings
Cappuccino
Chips [cereal products]
Corn chips
Crisps made of cereals
Cheese flavored puffed corn snacks
Horseradish [relishes]
Cakes
Frozen cakes
Frozen pastry stuffed with meat and vegetables
Biscuits
Pastries
Sweets (candy), candy bars and chewing gum
Chocolate
Chocolate-based beverages
Chocolate powder
Non-medicated chocolate confectionery
Flour based chips
Grain-based chips
Rice based dishes
Freeze-dried dishes with the main ingredient being pasta
Chocolate desserts
Ice cream desserts
Muesli desserts
Parfaits
Rice-based pudding dessert
Flavourings in the form of concentrated sauces
Puddings in powder form
Flavorings and seasonings
Dragees [non-medicated confectionery]
Fruit drops [confectionery]
Chocolate extracts for the preparation of beverages
Cocoa extracts for human consumption
Spice extracts
Chocolate extracts
Extracts used as flavoring [not essential oils]
Extracts of cocoa for use as flavours in beverages
Extracts of cocoa for use as flavours in foodstuffs
Coffee extracts
Extracts of coffee for use as flavours in foodstuffs
Extracts of coffee for use as flavours in beverages
Chocolate extracts for the preparation of beverages
Essences for foodstuffs, except etheric essences and essential oils
Cooking essences
Waffles
Hot chocolate
Prepared rice dishes
Prepared desserts [confectionery]
Ready-to-eat puddings
Prepared cocoa and cocoa-based beverages
Prepared desserts [chocolate based]
Prepared desserts [pastries]
Noodle-based prepared meals
Rice-based prepared meals
Prepared foodstuffs in the form of sauces
Cereal-based snack food
Ready-made sauces
Chewing gum
Instant tea
Biscuits
Fruit teas
Tea
Cocoa
Cocoa powder
Cocoa-based beverages
Cocoa for use in making beverages
Cocoa [roasted, powdered, granulated, or in drinks]
Semolina
Coffee, teas and cocoa and substitutes therefor
Ketchup [sauce]
Tomato ketchup
Ketchup [sauce]
Kombucha
Vegetable concentrates used for seasoning
Crackers
Chocolate creams
Cocoa based creams in the form of spreads
Chocolate spreads
Freeze-dried dishes with the main ingredient being pasta
Freeze-dried dishes with the main ingredient being rice
Frozen lollipops
Ice for refreshment
Ice creams, frozen yogurts, and sorbets
Ice confectionery
Confectionery ices
Edible ices
Lollipops
Mayonnaise
Flour
Cake flour
Corn flour
Wheat flour
Potato flour
Cereal flour
Rye flour
Alimentary paste [dough]
Deep frozen pasta
Prepared pasta
Instant noodles
Egg noodles
Wholemeal pasta
Pasta
Pasta
Pasta for soups
Wholemeal noodles
Marinades
Meat gravies
Hot chocolate mixes
Iced tea mix powders
Cocoa mixes
Flour mixes
Seasoning mixes
Food mixtures consisting of cereal flakes and dried fruits
Honey
Dairy confectionery
Frappes
Frozen dairy confections
Ice milk bars
Frozen confectionery containing ice cream
Frozen pastry stuffed with vegetables
Frozen meals consisting primarily of pasta
Muesli
Mousse confections
Chocolate mousses
Dessert mousses [confectionery]
Mousse confections
Mousse confections
Mustard
Chocolate-based beverages
Aerated beverages [with coffee, cocoa or chocolate base]
Ice beverages with a chocolate base
Ice beverages with a cocoa base
Cocoa-based beverages
Coffee-based beverages
Tea-based beverages with fruit flavoring
Chocolate-based beverages with milk
Drinks flavoured with chocolate
Cocoa-based beverages
Chocolate-based beverages
Chocolate-based beverages
Tea-based beverages
Cocoa-based beverages
Ice cream drinks
Non-medicated confectionery candy
Non-medicated confectionery products
Sherbets [confectionery]
Nut confectionery
Coated nuts [confectionery]
Chocolate coated fruits
Fruit jellies [confectionery]
Oat flakes
Fruit ices
Porridge
Instant porridge
Thin breadsticks
Vegetable pulps [sauces - food]
Wasabi paste
Sesame paste
Almond paste
Chocolate pastes
Chocolate spreads containing nuts
Mayonnaise-based spreads
Drinking cocoa paste
Chocolate-based spreads
Vegetable pastes [sauces]
Sandwich spread made from chocolate and nuts
Chocolate spreads
Non-medicated lozenges
Mayonnaise and ketchup-based spreads
Savory sauces used as condiments
Savory sauces, chutneys and pastes
Pies
Barley flakes
Corn flakes
Flaked wheat
Breakfast cereals
Corn flakes
Chocolate topping
Confectioners' glaze
Sauces for ice cream
Topping syrup
Natural rice flakes
Breakfast cereals containing fruit
Breakfast cereals containing honey
Breakfast cereals containing fibre
Hot breakfast cereals
Pasta-based prepared meals
Farinaceous foods
Meals consisting primarily of rice
Pasta dishes
Pretzels
Pralines
Preparations for making beverages [cocoa based]
Preparations for making beverages [tea based]
Preparations for making beverages [chocolate based]
Preparations for making up into sauces
Preparations for making beverages [coffee based]
Preparations for making bakery products
Flour
Mustard preparations for food
Preparations based on cocoa
Spice preparations
Vegetal preparations for use as coffee substitutes
Powdered preparations containing cocoa for use in making beverages
Cocoa products
Preparations made from cereals
Soya based ice cream products
Chocolate based products
Cereal based foodstuffs for human consumption
Foodstuffs made of rice
Foodstuffs made from maize
Vegetable purees [sauces]
Cereal-based snack food
Rice-based snack food
Snack foods made from wheat
Snack foods made from corn
Snack foods consisting principally of confectionery
Snack food products consisting of cereal products
Flour based savory snacks
Cereal-based savoury snacks
Cereal-based snack food
Multigrain-based snack foods
Snack foods consisting principally of pasta
Rice-based snack food
Cereal-based snack food
Snacks manufactured from muesli
Food preparations based on grains
Snack foods made from corn
Cereal-based snack food
Rice-based snack food
Snack foods made from wheat
Cereal-based snack food
Prepared wasabi
Prepared horseradish [condiment]
Processed oats for food for human consumption
Condiments
Alimentary seasonings
Relish [condiment]
Food condiment consisting primarily of ketchup and salsa
Spices in the form of powders
Custard
Canned pasta foods
Quiches
Ramen [Japanese noodle-based dish]
Ravioli [prepared]
Remoulade sauce
Risotto
Instant cocoa powder
Instant tea [other than for medicinal purposes]
Rice
Cocoa-based ingredients for confectionery products
Sweet glazes and fillings
Sweet spreads [honey]
Non-medicated confectionery products
Sugarless sweets
Sweetmeats [candy]
Chocolate candies
Gum sweets
Boiled confectionery
Ice confectionery
Ice confectionery in the form of lollipops
Non-medicated candy
Fruit confectionery
Sweetmeats [candy] being flavoured with fruit
Xylitol-sweetened sweets
Natural sweeteners
Sweetmeats [candy] containing fruit
Salted biscuits
Salt crackers
Sauces [condiments]
Sweeteners consisting of fruit concentrates
Flavoured sugar confectionery
Breakfast cereals made of rice
Savory pastries
Sherbets [ices]
Sherbets [ices]
Horseradish sauces
Chocolate topping
Sauce [edible]
Sweet and sour sauce
Soya sauce
Sauce powders
Tartare sauce
Teriyaki sauce
Cranberry sauce [condiment]
Sauces
Horseradish sauces
Curry sauces
Dressings for salad
Pasta sauce
Cooking sauces
Mushroom sauces
Mayonnaise-based sauces
Tomato sauce
Sauces flavoured with nuts
Fruit coulis [sauces]
Spicy sauces
Tomato sauce
Sauces [condiments]
Salad cream
Dressings for salad
Salsas
Canned sauces
Sauce powders
Concentrated sauce
Sauces containing nuts
Herb sauces
Spaghetti
Spaghetti and meatballs
Canned spaghetti in tomato sauce
Sauces for chicken
Sauces for barbecued meat
Sauces for rice
Sauces for pizzas
Salad dressings containing cream
Gravy mixes in granular form
Chicory based coffee substitute
Sugar substitutes
Imitation chocolate
Tea substitutes
Honey substitutes
Ice cream substitute
Coffee substitutes [artificial coffee or vegetable preparations for use as coffee]
Vegetable based coffee substitutes
Dried and fresh pastas, noodles and dumplings
Rusks
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Dried herbs for culinary purposes
Dried pasta
Chocolate syrup
Pancake syrup
Syrup for food
Flavouring syrups
Chocolate syrups for the preparation of chocolate based beverages
Imitation chocolate
Tea substitutes
Tablet (confectionary)
Tacos
Tarts
Tortellini
Tortillas
Wafers
Rice crusts
Confectionery
Confectionery in frozen form
Pastries containing fruit
Frozen yogurt confections
Confectionery in liquid form
Ice cream confectionery
Bakery goods
Cocoa products
High-protein cereal bars
Confectionery containing jam
Vegetable thickeners
Cereals prepared for consumption by humans
Breakfast cereals
Cereals for use in making pasta
Processed cereals
Cereals prepared for consumption by humans
Jelly beans
Foods with a cocoa base
Flavourings, other than essential oils, for beverages
Marzipan substitutes
Chicory [coffee substitute]
Vanillin [vanilla substitute]
Artificial coffee
Soy-based ice cream substitute
Beverages based on coffee substitutes
Chicory for use as substitutes for coffee
Barley for use as a coffee substitute
Flowers or leaves for use as tea substitutes
Coffee substitutes [grain or chicory based]
Chicory mixtures, all for use as substitutes for coffee
Coffee extracts for use as substitutes for coffee
Coffee extracts for use as substitutes for coffee
Preparations of chicory for use as a substitute for coffee
Chicory extracts for use as substitutes for coffee
Roasted barley and malt for use as substitute for coffee
Chicory and chicory mixtures, all for use as substitutes for coffee
Cereal-based meal replacement bars
Chocolate-based meal replacement bars
Milk and fruit and cream and fruit sauces, glazes and toppings
Milk-based puddings.
The mark was filed in class 32 with following description of goods:
Flavoured carbonated beverages
Non-alcoholic flavored carbonated beverages
Non-alcoholic fruit extracts used in the preparation of beverages