The trademark Eatly was filed by Vedran Kordic, a national of the Republic of Croatia (the "Applicant"). The application was published for oppositions on May 28, 2020, and received one opposition filed on August 30, 2020 by Oatly AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by AWA SWEDEN AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 30, 2020
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 29 with following description of goods:
Soups and stocks, meat extracts
Dairy products and dairy substitutes
Jellies, jams, compotes, fruit and vegetable spreads
Ajvar [preserved peppers]
Apple chips
Legume-based spreads
Banana chips
Organic nut and seed-based snack bars
Blanched nuts
Refried beans
Vegetable pate
Caponata
Chilli beans
Vegetable-based chips
Dahls
Dips
Bean dip
Pickled fruits
Pickled vegetables
Bottled sliced fruits
Preserved nuts
Pickled jalapenos
Preserved vegetables
Peanut paste
Edible nuts
Falafel
Fermented fruits
Fermented vegetables
Vegetable-based meat substitutes
Fruit chips
Fruit desserts
Fruit pulp
Fruit purees
Fruit-based meal replacement bars
Fruit-based snack food
Nuts being cooked
Grilled vegetables
Vegetables, cooked
Fruit, stewed
Ground nuts
Fritters
Bottled vegetables
Vegetable-based snack foods
Prepared vegetable dishes
Vegetable chips
Vegetables, tinned
Vegetable mousses
Vegetable powders
Vegetable puree
Salted nuts
Salted vegetables
Shelled nuts
Cut fruits
Cut vegetables
Peeled vegetables
Dried fruit products
Fruit leathers
Dried pulses
Dried nuts
Antipasto salads
Casseroles [food]
Broth [soup]
Caesar salad
Stews
Prepared meals consisting principally of vegetables
Poultry salads
Pieces of chicken for use as a filling in sandwiches
Guacamole [mashed avocado]
Potato salad
Consommes
Soups
Matzo ball soup
Miso soup
Noodle soup
Potato-based salads
Canned soups
Pre-cooked soup
Pre-cooked miso soup
Pre-cooked curry stew
Prepared salads
Prepared dishes consisting principally of meat
Vegetable salads
Fruit salads.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Ice, ice creams, frozen yogurts and sorbets
Snacks manufactured from muesli
Snack foods prepared from maize
Snack food products made from potato flour
Snack food products consisting of cereal products
Burritos
Chalupas
Cheeseburgers [sandwiches]
Crepes
Empanadas
Enchiladas
Fajitas
Rice-based prepared meals
Fresh sausage rolls
Spring rolls
Filled baguettes
Filled bread rolls
Vegetable pies
Pellet-shaped rice crackers (arare)
Rice based dishes
Toasted sandwiches
Cereal-based snack food
Hot dog sandwiches
Snack food products made from cereal flour
Snack food products made from rice flour
Snack food products made from soya flour
Snack foods made from corn
Snack foods made from corn and in the form of puffs
Snack foods made from corn and in the form of rings
Puffed corn snacks
Cereal snack foods flavoured with cheese
Canapes
Lasagne
Macaroni salad
Crackers filled with cheese
Nachos
Pasta salad
Pasta dishes
Paella
Quesadillas
Quiches
Ramen [Japanese noodle-based dish]
Ravioli
Sandwiches
Samosas
Sandwiches containing salad
Tortillas
Sausage rolls
Toasted cheese sandwich
Sandwiches containing chicken
Sandwiches containing minced beef
Sandwiches containing meat
Porridge
Cheesecakes
Tiramisu
Iced tea
Bakery goods
Pastries
Pastries containing fruit
Pastries containing creams.
The mark was filed in class 43 with following description of goods:
Information, advice and reservation services for the provision of food and drink
Rental of furniture, linens, table settings, and equipment for the provision of food and drink