The trademark BÄKO was filed by BÄKO-ZENTRALE eG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 15, 2020, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on July 9, 2020 by BAKO NORTH WESTERN (GROUP) LIMITED on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Addleshaw Goddard (Germany) LLP and its proceedings were handled in English The second opposition filed on July 8, 2020 by Beko plc on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BECK GREENER LLP and its proceedings were handled in English
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 following description of goods:
Agar-agar, Cooking (Preparations for stimulating -) for industrial purposes
Bacterial preparations, other than for medical and veterinary use
Chemical substances for preserving foodstuffs
Gelatine for industrial purposes, Gluten for the food industry, Iodides, Sorrel salt, Flour for industrial purposes, Salt, raw, Starch for industrial purposes.
The mark was filed in class 3 with Cake flavorings [essential oils], Food flavorings [essential oils], Almond oil, Rose oil.
The mark was filed in class 4 with Rape oil for industrial purposes, lubricating oils, cutting oils, sunflower oil for industrial purposes.
The mark was filed in class 5 with Fungicides, First-aid boxes, filled.
The mark was filed in class 6 with Sheets and plates of metal, Foils of metal for wrapping and packaging, Cashboxes (of metal or not of metal) oil drainage containers of metal, Safety cashboxes, Safety cashboxes of metal, clips of metal for sealing, Tinplate.
The mark was filed in class 7 with Bread cutting machines, electric can openers and electric knives, Beaters, electric, Food processors, electric, Dishwashers, Hangers [parts of machines], High pressure washers, Blades [parts of machines], Kneading machines, Knives [parts of machines], Stropping machines, Mixing machines, Mixers [machines], Agitators, Beating machines, Cutters [machines], Rinsing machines, Vacuum cleaners, Crushing machines, Shredders [machines] for industrial use.
The mark was filed in class 8 with following description of goods:
Hand-operated tools and apparatus for bakeries and confectioners, Table cutlery [knives, forks and spoons], Table forks, Vegetable slicers, Vegetable peelers (hand-operated), Syringes for spraying insecticides, Insecticide sprayers [hand tools], Hand-operated insecticide sprayers, Decanting liquids (Implements for -) [hand tools], Hand pumps, Sharpening instruments, Spoons, knives, Money scoops, Can openers, non-electric, Egg slicers, non-electric
The mark was filed in class 9 with Counterfeit [false] coin detectors, Fire extinguishers, Measuring spoons, Reflective safety vests, Temperature indicators and thermometers not for medical use, Temperature controlling apparatus, scales and weighing apparatus and instruments, Bubble levels.
The mark was filed in class 10 with Defibrillators.
The mark was filed in class 11 with following description of goods:
Sinks, Baking ovens, Ventilation hoods, Bread-making machines, Bread baking machines, bread toasters, Food steamers, electric, Electric deep fryers, Electric coffeepots, Electric cooktops, Chocolate fountains, electric, Waffle irons, electric, Upright and chest freezers, Beverage cooling apparatus, Air fryers, Water heaters, Kilns, Cooking rings, Cooling installations and machines, refrigerators, Refrigerating containers, Refrigerating cabinets, Refrigerated display cases, a microwave (kitchen utensils)
Microwave ovens for industrial purposes
Stoves [heating apparatus], Ice cream freezers, Refrigerating appliances and installations, Air conditioning fans.
The mark was filed in class 12 with Roll cage trolleys.
The mark was filed in class 14 with Time instruments.
The mark was filed in class 16 with following description of goods:
Garbage bags of paper or of plastics, Filter paper, Plastic sheets for packaging, Sheets of reclaimed cellulose for wrapping, Elastic bands for offices, Filters (Paper coffee -), Marker pens, Table napkins of paper, Paper bags, Parchment paper, Absorbent sheets of paper or plastic for foodstuff packaging, Boxes of cardboard or paper, Tablecloths of paper, Tablecloths of paper, Table linen of paper, Hygienic paper
Bags [envelopes, pouches] of paper or plastics, for packaging
Packaging material made of starches, Wrapping paper, Viscose sheets for wrapping, Waxed paper.
The mark was filed in class 20 with Baskets, Racks, Trolleys [furniture], Trays, not of metal, Bakers' bread baskets, Tables of metal, Table tops, Counters for display purposes.
The mark was filed in class 21 with following description of goods:
Brushes (dishwashing-), Squeegees (cleaning apparatus), Baking mats, Brooms, broom handles, Bread boards, Bread bins, Ice cream scoops, Fly catchers [traps or whisks], Insect traps, Insulated containers, Insulating jars, Insulating flasks, Refrigerating bottles, Isothermic bags, Beaters, non-electric, Portable cool boxes, non-electric, Oven mitts, Cups of paper and plastic, Boxes for dispensing paper towels, Press-out moulds for cookies and biscuits, Covers for dishes, Dishes, Soap dispensers, Lazy susans, Serving ladles
Vessels of metal for making ices and iced drinks
Confectioners' decorating bags [pastry bags]
Cake decorating tips and tubes, Pie servers.
The mark was filed in class 25 with Overalls.
The mark was filed in class 29 with following description of goods:
Apple purée, Butter, Buttercream, Dates, Curd, Eggs, Yolk of eggs, powdered eggs, Albumen for culinary purposes, White of eggs, Peanut butter, gherkins, Gherkins, Extra virgin olive oil being starch for food, Fatty substances for the manufacture of edible fats, Fat-containing mixtures for bread slices, Fish fillets, Fish, tinned [canned (Am.)], Fruit jellies, Fruit pulp, Fruit salads, Freeze-dried vegetables, Gelatine, Jellies, Ground almonds, Vegetables, tinned [canned (Am.)]
The mark was filed in class 31 with Oats, Coconuts, Edible insects, live, Almonds [fruits], Nuts [fruits], Rye seed, Wheat.
The mark was filed in class 32 with Soft drinks, Non-alcoholic fruit juice beverages, Fruit nectars, non-alcoholic, Non-alcoholic beverages flavoured with tea, Cider, non-alcoholic, Beer, Fruit juices, aerated waters, Lemonades, Mineral water [beverages], Table waters.
The mark was filed in class 35 with following description of goods:
Updating and maintenance of data in computer databases, Updating and maintenance of information in registries, Updating of advertisement materials, Bill-posting, Consultancy relating to public relations communication strategies, Providing business information via website, Import and export services, Design of advertising materials, Invoicing, Layout services for advertising purposes, marketing, Market research, market studies
Public relations services
Organisation of exhibitions and trade fairs for commercial or advertising purposes, corporate communications, arranging of trade fairs for commercial or advertising purposes
Dissemination of advertising matter, direct mail advertising
Administration of consumer loyalty programs, Advertising.
The mark was filed in class 39 with Freight forwarding, transport and Road haulier services (freight transport), Storage, Transportation logistics, Transport..
The mark was filed in class 40 with Custom manufacturing of bread.