The trademark paysan breton was filed by LAITA, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on July 29, 2020, and received one opposition filed on October 29, 2020 by COOPERATIVE EUREDEN on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by CABINET FLECHNER and proceedings were handled in French, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 29, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Food and dietetic substances adapted for medical use, food for babies
Milk, including powdered milk, for babies
Milk for babies
Food supplements for human beings
Dietetic beverages adapted for medical purposes
Vitamin-based and mineral-based fortifying drinks for medical purposes
Nutritional beverages for medical purposes.
The mark was filed in class 29 with following description of goods:
Milk and milk products
Whey
Fermented milks and in particular buttermilk
Desserts made with milk and cream-based desserts
Yoghurt and in particular yoghurt drinks
Butter
Margarine
Cheese and in particular cheese spreads
Cream cheese
Cheese specialities
Cottage cheese
Sandwich spreads on a dairy basis
Milk beverages, milk predominating
Prepared or cooked meals based on milk products based in particular on cheese
Creams and in particular cream [milk products] and whipped cream
Plant-based dairy substitutes, Including tablets, but not limited to, Soy-based beverages, Soya milk, flavored soybean milk, Plant-based cream substitutes, plant-based desserts based in particular on soya, plant-based yoghurt based in particular on soya, plant-based frozen yoghurt based in particular on soya
Tofu
Coconut milk, Rice milk.
The mark was filed in class 30 with following description of goods:
Flour complying with the specifications of the protected geographical indication "Farine de blé noir de Bretagne/Brittany-made buckwheat flour — Gwinizh du Breizh"
Preparations made from flour complying with the specifications of the protected geographical indication "Farine de blé noir de Bretagne/Brittany-made buckwheat flour — Gwinizh du Breizh"
Batter for making pancakes, Pancakes for food, Flapjacks, Blinis, Pancakes
All the aforesaid products being made from flour complying with the specifications of the protected geographical indication "Farine de blé noir de Bretagne/Brittany-made buckwheat flour — Gwinizh du Breizh"
Mashed oats
Bread, Rusks, Sandwich bread, Brioches, Pastries
Ices, namely: ice cream, frozen yoghurt
Milk desserts based on semolina, rice or cereals
Chocolate-flavoured milk desserts
Muffins
Crumpets
Cakes, waffles
Biscuits
Liquid or paste caramels
Honey
Sweet or savoury tart pastry
Foodstuffs made from tart pastry
Plant-based desserts, in particular soya
Bread containing plants, in particular soya
Pastries containing plants, in particular soya
Ice cream containing plants and in particular soya, ices containing plants, in particular soya
Cocoa or chocolate-based beverages containing plants, in particular soya.
The mark was filed in class 32 with Plant-based non-alcoholic beverages, in particular soya (other than milk substitutes), coconut based non-alcoholic beverages, Almonds, rice, oats and hazelnuts (other than milk substitutes).