The trademark Viva Maris was filed by Claudia Busse-Uhrig, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 27, 2020, and received one opposition filed on May 3, 2020 by FORMIGO QUESADA, JORGE on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 3, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003118199 was rejected according to Article 7(4) EUTMDR with decision issued on July 4, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Seaweed extracts for food
Vegetable-based spreads
Vegetable pate
Broth [soup]
Vegetable-based chips
Chop suey
Pickled vegetables
Preserved vegetables
Seafood products
Laver
Fish, seafood and molluscs spreads
Vegetable-based meat substitutes
Jellies, jams, compotes, fruit and vegetable spreads
Freeze-dried vegetables
Frozen vegetables
Hardened oils for food
Blended oil [for food]
Vegetables, dried
Vegetable chips
Vegetable-based snack foods
Vegetable stock
Vegetable extracts for food
Dried edible algae
Dried seafood
Dried flakes of laver for sprinkling on rice in hot water (ochazuke-nori)
Spiced oils
Preserved vegetables (in oil)
Seafood preserves
Mixes for making soup
Seafood [not live]
Snack foods based on vegetables
Snacks of edible seaweed
Extracts for soups
Soup concentrates
Soup powders
Vegetarian charcuterie
Algae prepared for human foods
Processed seafood
Edible oils and fats.
The mark was filed in class 30 with following description of goods:
Seaweed [condiment]
Enriched rice
Enriched rice [uncooked]
Flavourings, other than essential oils, for beverages
Substances imparting flavour for addition to drink [other than essential oils]
Flavoured rices
Flavourings for beverages
Bakery goods
Alimentary seasonings
Vinegar
Spice rubs
Husked rice
Dry seasonings
Dried noodles
Dried and fresh pastas, noodles and dumplings
Tea-based beverages
Tea-based beverages with fruit flavoring
Spices
Spices in the form of powders
Spice extracts
Instant rice
Herbal flavourings for making beverages
Sea salt for cooking
Seasoning mixes
Pasta
Foodstuffs made of rice
Noodles
Savory sauces, chutneys and pastes
Rice
Rice crisps
Rice dumplings
Rice tapioca
Rice cake snacks
Salt
Cooking salt
Salt for preserving foodstuffs
Table salt
Edible salt
Sauces [condiments]
Hot sauce
Mustard
Mustard vinegar
Mustard preparations for food
Salts, seasonings, flavourings and condiments
Flavourings for soups [other than essential oils]
Tea of salty kelp powder (kombu-cha).
The mark was filed in class 31 with following description of goods:
Algae for human consumption
Algae for human or animal consumption
Fresh seaweed
Agricultural and aquacultural crops, horticulture and forestry products
Rice, unprocessed
Unprocessed algae for human consumption
Paddy
Unprocessed brown algae (Hijiki seaweed)
Unprocessed edible seaweeds
Unprocessed agar (Tengusa seaweed).
The mark was filed in class 32 with following description of goods:
Non-alcoholic flavored carbonated beverages
Non-alcoholic fruit extracts used in the preparation of beverages