The trademark application FOOD SOCIETY was filed by FOOD SOCIETY HOLDING, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on July 1, 2019, and it was registered by office on October 8, 2019 without any oppositions.
The application was filed in French (English was selected as the second language).
A transfer of the trademark registration was recorded on September 25, 2019. Creation of rights in rem of the trademark registration was recorded on January 15, 2023.
The Appeal with reference B R2339/2018-2 was Application partially rejected according to Article 7(1)(b) EUTMR with decision issued on January 14, 2019 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Printed matter
Printed matter
Pamphlets
Journals
Periodicals
Books
Newspapers
Catalogues
Informational letters
Pencils
Fountain pens
Calendars
Prospectuses
Publications
Notecards
Cards
Paper
Cardboard
Photographs
Graphic reproductions
Stationery
Plastic materials for packaging (not included in other classes) namely bags, sachets, films and sheets
Wrapping papers
Bags (envelopes, pouches), of paper or plastics, for packaging
Signboards of paper or cardboard.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Edible oils and fats
Edible fats
Butter
Charcuterie
Salted meats
Crustaceans, not live
Preserves based on meat, fish, fruit and vegetables
Fruit salads, vegetable salads.
The mark was filed in class 30 with following description of goods:
Flour and preparations made from cereals, bread, pastry and confectionery, edible ices
Honey, treacles
Yeast, baking-powder
Salt, mustard
Vinegar, sauces (condiments)
Spices
Ice
Sandwiches, pizzas
Pancakes
Cookies
Cakes
Rusks
Confectionery
Chocolate
Cocoa, coffee, chocolate or tea-based beverages
Salad dressings.
The mark was filed in class 31 with following description of goods:
Agricultural, horticultural and forestry products, neither prepared nor processed, grains (seeds)
Live animals
Fresh fruits and vegetables
Natural plants and flowers
Malt
Garden salads.
The mark was filed in class 32 with following description of goods:
Beers
Non-alcoholic beverages and preparations for making beverages (except coffee, tea or cocoa-based beverages and milk beverages)
Fruit drinks and fruits juices
Syrups for beverages
Whey beverages
Lemonades
Fruit nectars, non-alcoholic
Soda water
Aperitifs, non-alcoholic
Mineral and aerated waters, including flavoured waters.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (with the exception of beers)
Cider
Digesters [liqueurs and spirits]
Wine
Spirits [beverages]
Alcoholic extracts or essences
All these goods being produced organically or made from products produced organically.
The mark was filed in class 35 with following description of goods:
Organisation of exhibitions, shows, trade fairs, and events of all kinds for commercial or advertising purposes
Arranging competitions for promotional purposes with or without the awarding of prizes or rewards
Direct mail advertising
Organisation of promotional activities to obtain customer loyalty
Organisation of regional or national promotional campaigns
Business management services relating to cards, not for financial use, for the purposes of winning customer loyalty
Sales promotion for others
Presentation and demonstration of goods and services for promotional or advertising purposes
Advertising
Dissemination of advertisements on media of all kinds including digital, classified advertisements and classified job advertisements, including via the Internet
Publication of publicity texts and/or images
Direct mail advertising
Computerised file management
Advertising via mail order, via radio and television, and online on a computer network
Publicity columns preparation
Rental of advertising time on all means of communication, rental of advertising matter, rental of advertising space, in particular on Internet networks
Advertising management
Publication of advertising prospectuses
Bringing together for commercial purposes of customers and service providers, in particular in the context of shopping centres or shopping arcades
Arranging newspaper subscriptions for others
Bill-posting
Shop window dressing
Presentation of goods on communication media, for retail purposes
The bringing together, for the benefit of others, of goods (excluding the transport thereof), namely goods relating to the fields of beauty, care and hygiene for human beings and animals, perfumery and cosmetics, clothing and fashion accessories, textiles, haberdashery, leatherware, jewellery, horological instruments, optical goods, interior and exterior decoration, furniture, tableware, table linen, interior and exterior fitting out and equipment of the home, gardening, DIY, tools, entertainment and leisure, sports and games, travel, photography, cinema, the press and publishing, music, stationery, household electronics, audiovisual goods, telecommunications, telephones, including mobile telephones, and computers, enabling customers to view and purchase those goods by means of all kinds, in particular in retail outlets, in shopping centres or in department stores, from general mail-order goods catalogues
Or on websites, via television or via any other form of electronic telecommunications media.
The mark was filed in class 36 with following description of goods:
Insurance
Real estate affairs
Financial and monetary affairs and banking
Hire-purchase financings, guarantees
Financial consulting
Financial evaluation (banking, real estate)
Mutual funds or capital investments, capital investments, financial sponsorship, lending against security
Arranging of credit
Real estate brokerage
Rental of offices (real estate), premises for commercial purposes and conference centres and exhibition centres and adjoining premises
Management of apartment houses, business premises, conference centres and exhibition centres and adjoining premises
Rent collection
Real estate agencies (real estate brokerage and leasing of businesses and apartment buildings)
Real-estate valuations
Real-estate valuations
Issuing of travellers' cheques and letters of credit
Card services
Financial services provided to loyalty card holders
Cards for financial use, to obtain financial benefits in the form of reductions, the award of bonuses or points, on a prorata basis depending on purchases made
Financial information in the field of exhibitions and in particular relating to organisation of exhibitions
Issuing, exchanging and providing coupons, vouchers, discount cards, gift cards, gift vouchers, credit notes, loyalty cards (financial services)
Loyalty cards (except for advertising purposes) enabling the accrual of benefits.
The mark was filed in class 38 with following description of goods:
Telecommunications, press and news agencies, communications via computer terminals, audiovisual communications, namely communications via techniques using sound and/or images
Communications by telegrams, radio, telephone and televisual
Transmission and dissemination of information, images and sound via telematic, audiovisual, telephony and electronic means, in particular via global telecommunications networks, including the Internet, or private or restricted access networks, including intranets
Computer, electronic mail, and data communications messaging
Electronic mail
Dissemination, transmission of classified advertisements, including on the Internet, providing discussion forums on the Internet, communications by computer terminals
Transmission of information accessible by access code to computerised or data transmission databases and computer database servers
Transmission and dissemination of information on digital communications networks or by computer networks
Rental of access time to a computer system
Rental of access time to databases and database servers, in particular for other for global communications networks, including the Internet, or private or restricted access networks, including intranets.
The mark was filed in class 39 with following description of goods:
Transport
Arranging tours and excursions
Transportation information
Delivery of newspapers
Rental of garages and parking spaces
Vehicle hire
Taxi transport
Chauffeur services
Parcel and goods delivery
Message delivery, distribution (delivery) of goods, flower delivery
Vehicle breakdown assistance [towing]
Car parking
Booking of seats (travel)
Sightseeing [tourism].
The mark was filed in class 42 with following description of goods:
Architecture, design of interior decor
Building construction advice
Construction drafting
Engineering (surveying in the field of public works and civil engineering), technical studies
Technical consultancy in the field of public works
Civil engineering, rendered by engineers
Computer services, namely hosting on-line web facilities for others for arranging and conducting on-line meetings, gatherings, debates and interactive discussions
Computer programming services, programming of computers and database programming
Engineering services for applications on large and medium-sized computer systems
Consultancy, expertise and technical consultancy in the field of computers, computer programming, and in the field of computing
Creating and maintaining websites for others
Hosting of websites and computer data on a global or local computer network
Information in the field of data processing
Surveying, professional consultancy and construction drafting, non-business, namely consultancy and auditing in the fields of computer system installation and creation and development of computer programmes, computerised sites
Design, programming, installation, management and hosting of computerised sites for computerised communications networks
Downloading of data (information, images, sound) via a global computer network, by networked computers and via a site on communications networks
Uploading and downloading of electronic publications.