The trademark Nicoreduct was filed by Petroni GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 23, 2020, and received one opposition filed on June 24, 2020 by McNeil AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by D YOUNG & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 24, 2020
The application was filed in Bulgarian, and Bulgarian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003124967 was partially refused EUTMA/IR according to Article 8(5) EUTMR with decision issued on May 29, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Albumin milk
Formed textured vegetable protein for use as a meat substitute
Soy-based food bars
Gumbo
Banana chips
Preparations for making bouillon
Broth
Stock [prepared]
Stock cubes
Vegetable burgers
Vegetarian sausages
Cooked meat dishes
Prepared salads
Ready cooked meals consisting wholly or substantially wholly of game
Ready cooked meals consisting wholly or substantially wholly of poultry
Ready cooked meals consisting wholly or substantially wholly of meat
Prepared meat dishes
Prepared meals made from meat [meat predominating]
Prepared meals made from poultry [poultry predominating]
Prepared meals consisting principally of game
Prepared meals consisting substantially of seafood
Yoghurt desserts
Desserts made from milk products
Roast beef flavoured extract
Extracts for soups
Stewed apples
Potato-based snack foods
Scotch eggs
Frozen french fries
Cabbage rolls stuffed with meat
Vegetable stock
Vegetable soup preparations
Bombay mix
Potato crisps
Potato salad
Potato snacks
Potato-based dumplings
Potato flakes
Hash browns
Potato fritters
Mashed potato
Condensed tomatoes
Broth concentrates
Fish crackers
Chowder
Soup pastes
Custard style yoghurts
Croquettes
Faggots [food]
Quenelles
Fruit-based snack food
Dairy puddings
Shepherd's pie
Chilled foods consisting predominately of fish
Chilled meals made from fish
Sausages in batter
Roast chestnuts
Fruit desserts
Pre-packaged dinners consisting primarily of seafood
Pre-cooked soup
Prepared meals containing [principally] bacon
Prepared meals containing [principally] chicken
Prepared meals containing [principally] eggs
Edible birds' nests
Filled potato skins
French fries
Onion rings
Fish in olive oil
Fish with chips
Fish stock
Fish croquettes
Rosti [fried grated potato cakes]
Chicken salad
Prepared dishes consisting principally of meat
Broth [soup]
Mixes for making soup
Puffed pork rind
Soy chips
Soy-based snack foods
Soya [prepared]
Soup cubes
Soups
Preparations for making soup
Beef bouillon
Pollen prepared as foodstuff
Dahls
Kale chips
Yucca chips
Chop suey
Chili con carne
Cooked meals consisting principally of fish
Stews
Corned beef hash
Meat
Meat spreads
Goose liver pate
Liver pâté
Lamb products
Bacon
Beef jerky
Beef
Beef slices
Cooked chicken
Foie gras
Poultry, not live
Deep frozen chicken
Deep-frozen poultry
Gelatine
Meat gelatines
Animal marrow for food
Meat substitutes
Frozen meat
Mincemeat [chopped meat]
Offal
Bacon rinds
Pork preserves
Beefburgers
Sausages
Quenelles [meat]
Meatballs
Meat extracts
Frozen meat products
Meat products being in the form of burgers
Sausage meat
Meat, preserved
Mortadella
Hot dog sausages
Processed meat products
Salted meats
Pieces of chicken for use as a filling in sandwiches
Roast beef
Chicken pieces
Pie fillings of meat
Prosciutto
Fresh meat
Fresh poultry
Turkey products
Turkey meat
Smoked sausages
Smoked meats
Dehydrated chicken
Fried chicken
Steaks of meat
Salami
Cooked beans
Luncheon meats
Pork loin
Saveloys
Haggis
Veal
Hamburgers
Corn dogs
Liver
Tripe
Ham
Knuckle of ham
Dairy products and dairy substitutes
Flavoured milk
Flavoured milk powder for making drinks
Whipping cream
Dairy-based whipped topping
Soft white cheese
Double cream
Non-alcoholic eggnog
Margarine substitutes
Butter substitutes
Curd cheese
Yoghurt made from goats milk
Prostokvasha [soured milk]
Koumiss [milk beverage]
Smetana [sour cream]
Yoghurt
Low fat yoghurts
Soya yoghurt
Evaporated milk
Margarine
Buttercream
Blended butter
Butter
Butter with herbs
Garlic butter
Soft cheese
Milk beverages, milk predominating
Milk drinks containing fruits
Dairy spreads
Milk products
Milk ferments for culinary purposes
Milk shakes
Milk
Powdered milk for food purposes
Buttermilk
Drinks made from dairy products
Lactic acid drinks
Drinks based on yogurt
Ready grated cheese
Low fat dairy spreads
Low fat cheese
Skimmed milk
Processed cheese
Flavoured yoghurts
Flavoured milk beverages
Brawn
Fruit flavoured yoghurts
Ghee
Cottage cheese preparations
Fresh unripened cheeses
Ryazhenka [fermented baked milk]
Blue cheese
Cheddar cheese
Cottage cheese
Cheese spreads
Cream cheese
Cheese powder
Cheese
Cheese containing herbs
Cheese containing spices
Rennet
Cheese mixtures
Cream [dairy products]
Coffee cream in the form of powder
Soya milk
Tofu
Cheese dips
Whey
Powdered milk
Cheese fondue
Cancoillotte
Jellies, jams, compotes, fruit and vegetable spreads
Aspic
Guacamole [mashed avocado]
Tomato concentrates [puree]
Jellies for food
Meat jellies
Coleslaw
Vegetable pastes
Cranberry compote
Strawberries being preserved
Lemon curd
Marmalade
Butter made of nuts
Guava paste
Olive paste
Hummus [chickpea paste]
Pastes made from nuts
Fruit marmalade
Fruit spreads
Hazelnut spread
Isinglass for food
Jams
Ginger jam
Mincemeat [preserved fruit]
Ajvar [preserved peppers]
Alginates for culinary purposes
Aloe vera prepared for human consumption
Almonds, ground
Broad beans
Peeled vegetables
Marrowfat peas
Bean dip
Broccoli
Maraschino cherries
Glazed fruits
Cooked fruits
Nuts being cooked
Peas, preserved
Peas, processed
Mushrooms, preserved
Mushrooms, prepared
Tomato juice for cooking
Tomato paste
Seaweed extracts for food
Frozen bamboo shoots
Frozen brackens (Gosari)
Frozen prepared meals consisting principally of vegetables
Frozen celery cabbages
Crystallized fruits
Candied fruit snacks
Vegetable mousses
Vegetable extracts for cooking
Extracts of vegetables [juices] for cooking
Vegetable extracts for food
Vegetables, tinned
Vegetable salads
Vegetable juices for cooking
Frozen vegetables
Vegetables, preserved
Vegetables, cooked
Vegetables, processed
Vegetables, dried
Baked beans
Instant mashed potato
Potato crisps in the form of snack foods
Low-fat potato crisps
Kelp [processed]
Kimchi [fermented vegetable dish]
Sauerkraut
Coconut, desiccated
Coconut powder
Coconut flakes
Cocktail onions
Compotes
Preserves, pickles
Canned beans
Preserved jujubes
Canned pulses
Tinned tomatoes
Preserved vegetables
Fruit, preserved
Preserved nuts
Vegetable juice concentrates for food
Gherkins
Lecithin for culinary purposes
Dried lentils
Lentils, preserved
Toasted sheets of laver (yaki-nori)
Onions, preserved
Chilli beans
Tangerines [preserved]
Pickled onions
Pickled vegetables
Pickled fruits
Olives, [prepared]
Olives, preserved
Dried fruit mixes
Algae prepared for human foods
Split peas
Processed roots
Processed nuts
Garlic paste
Pectin for culinary purposes
Roasted peanuts
Roasted nuts
Fruit pectin
Fruit pulp
Fruit chips
Fruit paste
Bottled fruits
Fruit preserved in alcohol
Fruit jellies
Squashes [plants, preserved]
Fruit preserves
Fruit peel
Fruit pie fillings
Fruit salads
Fruit juices for cooking
Spiced nuts
Laver, preserved
Fruit, processed
Prepared vegetable products
Cashew nuts (Prepared -)
Dried fruit products
Frozen fruits
Pickles
Edible seeds
Seeds, prepared
Sweetcorn [preserved]
Sunflower seeds, prepared
Mixed pickles
Mixed vegetables
Mixtures of fruit and nuts
Soya beans, preserved, for food
Truffle juice
Salted nuts
Spinach [prepared]
Raisins
Sultanas
Dried beans
Green split-peas
Yellow split peas
Dried pulses
Dried fruit
Dried soya beans
Dried truffles [edible fungi]
Dried nuts
Truffles, preserved
Beans
Beans, preserved
Dates
Coated peanuts
Peanuts, prepared
Preserved garlic
Pickled peppers
Apple chips
Laver
Edible nuts
Seasoned nuts
Nuts, prepared
Edible sunflower seeds
Birds eggs and egg products
Albumen for culinary purposes
White of eggs
Yolk of eggs
Marinated eggs
Processed eggs
Eggs
Quail eggs
Powdered eggs
Abalones [not live]
Anchovy, not live
Shellfish, not live
Cooked snails
Frozen cooked fish
Fish products being frozen
Silkworm chrysalis for human consumption
Whales [not live]
Fish, preserved
Soft-shelled turtles [not live]
Shelled prawns
Quenelles [fish]
Sea basses [not live]
Spiny lobsters
Spiny lobsters, not live
Pickled fish
Ark-shells [not live]
Short-necked clams [not live]
Mussels, not live
Seafood [not live]
Sea-cucumbers, not live
Sea urchins [not live]
Molluscs, not live
Processed seafood
Octopuses [not live]
Lobsters, not live
Salted fish
Fish paste
Sea breams [red snappers, not live]
Processed fish
Smoked salmon
Crustaceans, not live
Crabs [not live]
Crayfish, not live
Smoked fish
Dried fish
Tuna fish [preserved]
Tuna fish [not live]
Frozen fish
Fish, tinned
Fish mousses
Fish eggs for human consumption
Cods [not live]
Fish sticks
Steaks of fish
Fish balls
Fish fillets
Sardines, not live
Escargots
Squid [prepared]
Blue mussels [not live]
Shrimps, not live
Prawns, not live
Sweetfish [not live]
Oysters [not live, for human consumption]
Oysters, not live
Salmon, not live
Anchovy fillets
Caviar
Herrings, not live
Dried herring roe
Kipper fillets
Fish meal for human consumption
Fish-based foodstuffs
Carp [not live]
Clams, not live
Snail eggs for consumption
Dishes of fish
Edible oils and fats
Beef tallow [for food]
Beef fat
Olive oil
Olive oil for food
Coconut butter
Coconut oil for food
Coconut fat
Concentrated butter
Bone oil for food
Linseed oil for food
Suet for food
Cooking fats
Edible fats
Butter for use in cooking
Linseed oils [edible]
Nut oils
Rape oil for food
Soybean oil
Palm kernel oil for food
Palm oil for food
Chilli oil
Savory butters
Clarified butter
Butter preparations
Canola oil
Vegetable fats for cooking
Cooking oils
Vegetable oils for food
Edible oils derived from fish [other than cod liver oil]
Lard
Sunflower oil for food
Blended oil [for food]
Fat-containing mixtures for bread slices
Soya bean oil for food
Soybean oil for cooking
Fatty substances for the manufacture of edible fats
Sesame oil for food
Groundnut oil
Corn fats
Maize oil for food
Edible oils for glazing foodstuffs
Edible oils for use in cooking foodstuffs.
The mark was filed in class 30 with following description of goods:
Sesame paste
Wheat germ [other than a dietary supplement]
High-protein cereal bars
Powdered sugar for preparing isotonic beverages
Mineral salts for preserving foodstuffs
Propolis for food purposes
Propolis
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Treacle
Glucose syrup for use as a fermenting aid for food
Glucose syrup for use as a gelling agent for food
Glucose syrup for use as a texture improver for food
Glucose syrup for use as a sweetener for food
Glucose syrup for use in the manufacture of foods
Glucose syrups for food
Glutinous starch syrup (mizu-ame)
Topping syrup
Maple syrup
Powdered starch syrup [for food]
Starch syrup [for food]
Pancake syrup
Agave syrup [natural sweetener]
Molasses syrup for culinary purposes
Corn syrup for culinary purposes
Flavouring syrups
Syrup for food
Table syrup
Fructose syrup for use in the manufacture of foods
Corn syrup
Chocolate syrup
Chocolate syrups for the preparation of chocolate based beverages
Sweet glazes and fillings
Icing
Frostings
Cake frosting [icing]
Imitation custard
Marzipan substitutes
Icing sugar
Candy decorations for cakes
Cocoa based creams in the form of spreads
Malt dextrin glazings for confectionary
Marzipan
Chocolate flavoured coatings
Castor sugar
Custard-based fillings for cakes and pies
Coffee based fillings
Confectionery chips for baking
Chocolate for toppings
Chocolate marzipan
Chocolate-based fillings for cakes and pies
Chocolate chips
Chocolate creams
Chocolate based fillings
Chocolate fillings for bakery products
Chocolate decorations for confectionery items
Chocolate decorations for cakes
Chocolate topping
Herbal honey
Biological honey for human consumption
White sugar
Glucose powder for food
Grape sugar
Natural honey
Natural ripe honey
Sugar substitutes
Honey substitutes
Sugar
Sugar, other than for medical use
Sugar for making jellies
Sugar for making conserves of fruit
Sugar for making jams
Cube sugar
Sugar, honey, treacle
Sugar candy [for food]
Sweet spreads [honey]
Foodstuffs made of sugar for sweetening desserts
Foodstuffs made of sugar for making a dessert
Sugar coated pine nuts
Invert sugar
Caramelised sugar
Brown sugar
Turbinado sugar
Granulated sugar
Crystal sugar [not confectionery]
Maltose
Honey
Honey glazes for ham
Raw sugar
Natural sweeteners in the form of fruit concentrates
Raw honeycombs
Palm sugar
Fruit sugar
Polysaccharides for use as food for human consumption
Glucose preparations for food
Royal jelly
Boiled sugar
Invert sugar cream [artificial honey]
Spray crystallized maltose for food
Tablets (Non-medicated -) made of glucose with a caffeine base
Liquid sugar
Fructose for food
Foodstuffs made of a sweetener for making a dessert
Foodstuffs made of a sweetener for sweetening desserts
Coffee, teas and cocoa and substitutes therefor
Asian apricot tea (maesilcha)
Iced coffee
Coffee flavourings
Flavoured coffee
Aromatic preparations for making non-medicated tisanes
Aromatic preparations for making non-medicated infusions
Aromatic teas [other than for medicinal use]
Herbal preparations for making beverages
Herbal infusions
Herb teas, other than for medicinal use
White tea
Aerated beverages [with coffee, cocoa or chocolate base]
Hot chocolate
Prepared cocoa and cocoa-based beverages
Prepared coffee beverages
Coffee pods
Prepared coffee and coffee-based beverages
Sage tea
Decaffeinated coffee
Ginger tea
Coffee extracts
Coffee extracts for use as substitutes for coffee
Extracts of coffee for use as flavours in beverages
Extracts of coffee for use as flavours in foodstuffs
Chicory extracts for use as substitutes for coffee
Tea extracts (Non-medicated -)
Tea essences
Espresso
Chicory based coffee substitute
Vegetable based coffee substitutes
Artificial coffee
Coffee substitutes [artificial coffee or vegetable preparations for use as coffee]
Fondants [confectionery]
Sweets (Non-medicated -) in the nature of fudge
Coffee substitutes [grain or chicory based]
Tea substitutes
Green tea
Chocolate flavoured beverage making preparations
Roasted barley and malt for use as substitute for coffee
Instant tea
Yerba mate
Cocoa
Cocoa [roasted, powdered, granulated, or in drinks]
Cocoa for use in making beverages
Cocoa powder
Drinking cocoa paste
Cocoa extracts for human consumption
Cocoa-based beverages
Cocoa beverages with milk
Cocoa preparations for use in making beverages
Cocoa products
Cocoa mixes
Cappuccino
Coffee
Unroasted coffee
Coffee [roasted, powdered, granulated, or in drinks]