The trademark Hey Hey! was filed by SC CERTINVEST SRL, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on June 9, 2020, and received one opposition filed on September 3, 2020 by RAUCH Fruchtsäfte GmbH on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Konzett, Michael and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 3, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Dried herring roe
Seafood paste
S
Eggs
Carp [not live]
Prosciutto
Whey
Dried squid
Fish, not live
Tzatziki
Octopuses [not live]
Salmon caviar
Processed fish products for human consumption
Sea trout roe for food
Blocks of boiled, smoked and then dried bonitos (katsuo-bushi)
Cheese spreads
Fish, seafood and molluscs spreads
Linseed oils [edible]
Strained cheese
Prepared snails [escargot]
Ripened cheeses
Tempeh
Beef
Edible fats
Prepared insects and larvae
Spiny lobsters
Mold-ripened cheese
Meat substitutes
Cottage cheese preparations
Egg substitutes
Dips
Ark-shells [not live]
Pastrami
Fried tofu pieces (abura-age)
Dairy puddings
Boiled and dried fish
Frozen appetizers consisting primarily of chicken
Honey butter
Seafood jellie
Canned snails
Sea urchins [not live]
Quark
Anchovy, not live
Coconut milk
Escargots
Squid ink
Clams, not live
Sliced meat
Cods [not live]
Smoked cheese
Shrimp paste
Sheep cheese
Agar-agar for culinary purposes
Flakes of dried fish meat (kezuri-bushi)
Hen eggs
Fish cakes
Dried sea hares
Oysters, not live
Soft white cheese
Smetana [sour cream]
Pickled fish
Air-dried sausages
Almond milk for culinary purposes
Hydrogenated oils for food
Bacon rinds
Whipped cream
Bottled fish
Cooked seafood
Soft-ripened cheeses
Processed seafood
Skyr
Pulled pork
Sheets of dried laver (hoshi-nori)
Tea flavored eggs
Double cream
Fish sausages
Shelled prawns Cheese mixtures
Sheep milk
Pickled dried Spanish mackerel
Meat
Fatty substances for the manufacture of edible fats
Concentrated butter
Anchovy fillets
Steaks of fish
Mascarpone
Foie gras
Suet for food Yoghurt
Caviar
Fish, preserved
Sea-cucumbers, not live
Vegetable fats for food
Cooking fats
Fish, tinned
Fish-based foodstuffs
Dried prawns
Sausage skins and imitations thereof
Meat, preserved
Ryazhenka [fermented baked milk]
Fish fillets
Black caviar
Meat spreads
Bottled fish products
Extra virgin olive oil for food
Yellow croakers, not live
Blue cheese
Fish sticks
Powdered cream
Cooked fish
Cheddar cheese
Peanut oil [for food]
Beef jerky
Blue mussels [not live]
Capelin, not live
Eels, not live
Artificial fish roes
Hardened oils [hydrogenated oil for food]
Soft cheese
Dried razor clam meat
Veal
Seafood products
Whale oil for food
Common plaice, not live
Coconut butter
Salted fish
White pudding
Seafood extracts
Palm kernel oil for food
Camellia seed oil for food
Cocoa butter for food
Teriyaki chicken
Hardened oils for food
Roast poultry
Dairy-based dips
Pie fillings of meat
Bullfrogs, not live
Linseed oil for food
Duck eggs
Ghee
Dried whelk meat
Sweetfish [not live]
Margarine
Whipping cream
Fish with chips
Abalones [not live]
Pumpkin seed oil for food
Fish roe, prepared
Cheese
Prawns, not live
Sour cream substitutes
Fat-containing mixtures for bread slices
Meat and meat products
Corn fats
Goat cheese
Prepared beef
Low fat cheese
Soups and stocks, meat extracts
Frozen poultry
Beefburgers
Processed fish
Clarified butter
Cheese sticks
Grapeseed oil
Soya yoghurt
Seafood [not live]
Poultry meatballs
Dried scallops
Curd
Animal fats for food
Frozen turkey
Squid [prepared]
Flounders, not live
Fresh meat
Vegetable-based cream
Mozzarella sticks
Roast goose
Coconut shrimp
Sausage meat
Strained soft white cheeses
Powdered milk
Hard cheese
Dry whey
Bullfrog meat
Garlic butter
Pork rinds
Oysters [not live, for human consumption]
Perches, not live
Chilled foods consisting predominately of fish
Beef fat
Canned quail eggs
Butter oil
Beef tallow [for food]
Fish products being frozen
Dried seafood
Pepperoni
Chilled meals made from fish
Tuna fish [preserved]
Ham
Century eggs
Edible oils for glazing foodstuffs
Fresh unripened cheeses
Uncooked sausages
Cheese substitutes.
The mark was filed in class 30 with following description of goods:
Prepared desserts [confectionery]
Rice crackers
Chocolate-coated sugar confectionery
Crackers filled with cheese
Mung bean pancakes (bindaetteok)
Frozen confections on a stick
Pancakes
Fruit jellies [confectionery]
Croissants
Confectionery items coated with chocolate
Shrimp dumplings
Non-medicated mint confectionery
Sandwiches
Sweets (candy), candy bars and chewing gum
Chocolate spreads for use on bread
Panettone
Korean traditional sweets and cookies [hankwa]
Marzipan substitutes
Snack foods consisting principally of bread
Crumble
Chocolate decorations for confectionery items
Biscotti dough
Confectionery containing jam
Liquorice flavoured confectionery
Chocolate bark containing ground coffee beans
Quesadillas
Crackers flavoured with meat
Grain-based chips
Snack foods made from wheat
Non-medicated confectionery in the shape of eggs
Sandwiches containing salad
Snack foods prepared from maize
Foods with a cocoa base
Non-medicated chocolate confectionery
Salt crackers
Mint flavoured confectionery (Non-medicated -)
Kheer mix (rice pudding)
Pizza bases
Cakes of sugar-bounded millet or popped rice (okoshi)
Marshmallow topping
Peanut brittle
Pies
Fried corn
Tortilla chips
Crackers flavoured with vegetables
Nougat
Bread
Corn chips
Chocolate with alcohol
Sugar-coated coffee beans
Snacks manufactured from muesli
Confectionery chips for baking
Edible paper wafers
Dried sugared cakes of rice flour (rakugan)
Confectionery having wine fillings
Crackers flavoured with fruit
Non-medicated confectionery products
Popcorn
Crackers flavoured with spices
Banana fritters
Snack foods made of whole wheat
Mousse confections
Chocolate for toppings
Nachos
Chocolate bunnies
Cereal bars and energy bars
Crackers made of prepared cereals
Savory biscuits
Panned sweets (Non-medicated -)
Chocolate confectionery having a praline flavour
Caramel coated popcorn
Crackers
Cotton candy
Chocolate spreads containing nuts
Snack food products made from cereal flour
Crepes
Chocolate confectionery containing pralines
Calzones
Cheese-flavored biscuits
Snack food products made from soya flour
Liqueur chocolates
Chocolate flavoured confectionery
Viennoiserie
Pains au chocolat
Rice cakes
Chocolates
Dessert mousses [confectionery]
Flavoured sugar confectionery
Snack food products made from potato flour
Coated nuts [confectionery]
Custard
Corn-based savoury snacks
Crackers flavoured with cheese
Chocolate
Semolina pudding
Marzipan
Chocolate-based spreads
Hot dog sandwiches
Chocolate decorations for christmas trees
Seaweed flavoured corn chips
Caramel coated popcorn with candied nuts
Bibimbap [rice mixed with vegetables and beef]
Cereal-based savoury snacks
Confectionery having liquid spirit fillings
Instant dessert puddings
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Bakery goods
Pies containing vegetables
Onion biscuits
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Sausage rolls
Snack food products made from rusk flour
Creamed rice
Salts, seasonings, flavourings and condiments
Chocolate coated nougat bars
Graham crackers
Rice pudding
Confectionery
Tiramisu
Crackers flavoured with herbs
Snack food products made from cereal starch
Chocolate desserts
Aerated chocolate
Chocolate-coated nuts
Edible paper
Eight-treasure rice pudding
Peanut confectionery
Halvah
Decorations [edible] for christmas trees
Cocoa based creams in the form of spreads
Chocolate spreads
Wontons
Japanese sponge cakes (kasutera)
Orange based confectionery
Chocolate creams
Oat clusters containing dried fruit
Frozen pastry stuffed with meat and vegetables
Chocolate mousses
Savory pastries
Bread pudding
Chilled pizzas
Boiled confectionery
Potato flour confectionery
Canned pasta foods
Lasagne
Frozen confectionery containing ice cream
Flapjacks
Pastries, cakes, tarts and biscuits (cookies)
Confectionery containing jelly
Pizzas
Salted wafer biscuits
Cereal-based snack food
Pavlovas made with hazelnuts
Chocolate for confectionery and bread
Foodstuffs containing chocolate [as the main constituent]
Confectionery ices
Preparations for making of sugar confectionery
Imitation custard
Almond confectionery
Low-carbohydrate confectionery
French toast
Snack foods made from corn and in the form of puffs
Snack foods consisting principally of extruded cereals
Chocolate fondue
Snack foods consisting principally of confectionery
Wholewheat crisps
Canned spaghetti in tomato sauce
Edible rice paper
Dessert souffles
Snack foods made from corn and in the form of rings
Candy
Pandoro
Burritos
Corn, roasted
Cinnamon rolls
Egg rolls
Custards [baked desserts]
Crème caramel
Almonds covered in chocolate
Taco chips
Cocoa-based ingredients for confectionery products
Cereal snack foods flavoured with cheese
Chocolate coated macadamia nuts
Frozen yogurt pies
Chocolate flavourings
Chicken pies
Soft pretzels
Puddings
Chocolate-based meal replacement bars
Prepared desserts [chocolate based]
Ginseng confectionery
Sandwich spread made from chocolate and nuts
Floating islands
Hot chocolate mixes
Rice-based pudding dessert
Sopapillas [fried pastries]
Peanut butter confectionery chips
Pretzels
Chocolate topping
Nut confectionery
Snack food products made from maize flour
Butterscotch chips
Chocolate based products
Rice biscuits
Cereal-based meal replacement bars
Deep-fried dough sticks (Youtiao)
Pot pies
Savoury pancakes
Multigrain-based snack foods
Snack food products consisting of cereal products
Brioches
Chocolate decorations for cakes
Foodstuffs containing cocoa [as the main constituent]
Canapes
Chocolate waffles
Confectionery for decorating Christmas trees
Fajitas
Fruited scones
Confectionery in frozen form
Ice confectionery
Chocolate with Japanese horseradish
Non-medicated chocolate
Ready-to-eat puddings
Meringues
Salted biscuits
Bars of sweet jellied bean paste (Yohkan)
Chocolate marzipan
Snack food products made from rice flour
Fried dough twists
Snack foods made from corn
Jam buns.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
Auctioneering services
None of the aforesaid services in relation to beverages.