The trademark LENOBLE GOURMET was filed by José CABACO, a national of the French Republic (the "Applicant") and Angelo CABACO, a national of the Portuguese Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on November 6, 2018, and received one opposition filed on February 6, 2019 by NOBLE CHOCOLATES, naamloze vennootschap on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by BUREAU M.F.J. BOCKSTAEL NV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 6, 2019
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2020.The first Cancellation was filed by Senoble Luxembourg SARL (represented by CABINET LAVOIX) on January 13, 2022 and Final decision – EUTM fully cancelled.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on March 25, 2021. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on January 24, 2022.
The Opposition with reference B 003075237 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on November 26, 2019 by the EUIPO. The Cancellation with reference B 000049282 was EUTM cancelled according to Article 60(1)(a) EUTMR with decision issued on October 13, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Processed fruits, fungi and vegetables (including nuts and pulses)
Oils and fats
Dairy products and dairy substitutes
Prepared insects and larvae
Sausage skins and imitations thereof
Fish, seafood and molluscs
Soups and stocks, meat extracts
Meats
Birds eggs and egg products.
The mark was filed in class 30 with following description of goods:
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Prepared foodstuffs in the form of sauces
Prepared savory foodstuffs made from potato flour
Filled baguettes
Baozi [stuffed buns]
Pizza bases
Banana fritters
Pineapple fritters
Bibimbap [rice mixed with vegetables and beef]
Rice glue balls
Puffed cheese balls [corn snacks]
Rice dumplings
Rice dumplings dressed with sweet bean jam (ankoro)
Pretzels
Soft pretzels
Chicken wraps
Wraps [sandwich]
Wontons
Meat pies [prepared]
Pies [sweet or savoury]
Pies containing fish
Pies containing game
Pies containing vegetables
Pies containing poultry
Pies containing meat
Vegetable pies
Chicken pies
Poultry and game meat pies
Taco chips
Tortillas
Egg pies
Mincemeat pies
Tamales
Tacos
Tabbouleh
Cereal-based meal replacement bars
Hamburgers contained in bread rolls
Hamburgers being cooked and contained in a bread roll
Canned spaghetti in tomato sauce
Spaghetti and meatballs
Chinese steamed dumplings (shumai, cooked)
Senbei [rice crackers]
Hot sausage and ketchup in cut open bread rolls
Toasted sandwiches
Sandwiches containing chicken
Sandwiches containing salad
Toasted cheese sandwich
Toasted cheese sandwich with ham
Turkey sandwiches
Frankfurter sandwiches
Sandwiches containing fish fillet
Sandwiches containing meat
Sandwiches containing fish
Sandwiches containing minced beef
Sandwiches
Samosas
Rice salad
Meals consisting primarily of pasta
Prepared meals in the form of pizzas
Prepared pizza meals
Flavoured popcorn
Caramel coated popcorn
Candy coated popcorn
Microwave popcorn
Pumpkin porridge (Hobak-juk)
Quesadillas
Quiches
Ramen [Japanese noodle-based dish]
Ravioli
Ravioli [prepared]
Shrimp dumplings
Boxed lunches consisting of rice, with added meat, fish or vegetables
Noodle-based prepared meals
Pasta-based prepared meals
Rice-based prepared meals
Risotto
Glutinous rice wrapped in bamboo leaves (Zongzi)
Sweet rice with nuts and jujubes (yaksik)
Stir-fried rice
Spring rolls
Macaroni salad
Pasta salad
Bean jam buns
Steamed buns stuffed with minced meat (niku-manjuh)
Steamed buns stuffed with red bean paste
Pizzas
Preserved pizzas
Fresh pizza
Uncooked pizzas
Pizzas [prepared]
Chilled pizzas
Frozen pizzas
Frozen meals consisting primarily of pasta
Frozen meals consisting primarily of rice
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Dry and liquid ready-to-serve meals, mainly consisting of rice
Pasta dishes
Prepared rice dishes
Freeze-dried dishes with the main ingredient being rice
Freeze-dried dishes with the main ingredient being pasta
Prepared meals containing [principally] rice
Prepared meals containing [principally] pasta
Meals consisting primarily of rice
Rice based dishes
Frozen pastry stuffed with vegetables
Frozen pastry stuffed with meat
Savory pastries
Kimchijeon [fermented vegetable pancakes]
Lasagne
Macaroni with cheese
Fried corn
Corn, roasted
Processed unpopped popcorn
Popcorn
Nachos
Stir-fried noodles with vegetables (Japchae)
Okonomiyaki [Japanese savoury pancakes]
Paella
Filled bread rolls
French toast
Glutinous pounded rice cake coated with bean powder (injeolmi)
Flaky pastry containing ham
Frozen pastry stuffed with meat and vegetables
Pasta containing stuffings
Canned pasta foods
Pastries consisting of vegetables and meat
Pre-baked pizzas crusts
Pastries consisting of vegetables and fish
Pastries consisting of vegetables and poultry
Egg rolls
Pork pies
Meat pies
Corn-based savoury snacks
Ready to eat savory snack foods made from maize meal formed by extrusion
Enchiladas
Fajitas
Flapjacks
Pizza crust
Fresh sausage rolls
Sausage rolls
Mung bean pancakes (bindaetteok)
Stir fried rice cake [topokki]
Gimbap [Korean rice dish]
Corn kernels being toasted
Caramel coated popcorn with candied nuts
Chinese stuffed dumplings (gyoza, cooked)
Buckwheat jelly (Memilmuk)
Korean traditional rice cake [injeolmi]
Hot dog sandwiches
Jiaozi [stuffed dumplings]
Tortilla snacks
Brioches
Burritos
Calzones
Canapes
Chalupas
Cheeseburgers [sandwiches]
Chimichanga
Chow mein
Chow mein [noodle-based dishes]
Rice crusts
Crumble
Crepes
Pancakes
Green onion pancake [pajeon]
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Empanadas
Chewing gum
Bread
Apple fritters
Deep-fried dough sticks (Youtiao)
Sopapillas [fried bread]
Sopapillas [fried pastries]
Confectionery for decorating Christmas trees
Taiyaki (Japanese fish-shaped cakes with various fillings)
Frozen yogurt pies
Sweet bean jam coated with sugared-bean based soft shell [nerikiri]
Decorations [edible] for christmas trees
Mint flavoured confectionery (Non-medicated -)
Non- Potato flour confectionery.
The mark was filed in class 32 with following description of goods: