The trademark Best of France by JR was filed by Alpha Epicure SCSp, a corporation established under the laws of the Grand Duchy of Luxembourg (the "Applicant"). The application was published for oppositions on September 29, 2020, and received one opposition filed on December 7, 2020 by Rausch Holding Peine GmbH & Co. KG on Likelihood of confusion. the opponent was represented by Preu Bohlig & Partner Rechtsanwälte mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 7, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Opposition with reference B 003136235 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 24, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat, Charcuterie, Fish, Seafood, poultry and game, and Preparations based on the aforesaid goods
Tinned meat, poultry, fish, seafood, charcuterie, game, vegetables and fruits
Preserved, dried or cooked fruits, vegetables and herbs
Jellies, Prepared soups
Jellies, jams, compotes, fruit and vegetable spreads
Eggs
Milk and milk products
Milk free from alcohol and non-alcoholic mixed milk drinks, including with added cocoa, chocolate or coffee
Edible oils and fats
Meat and vegetable extracts
Mushrooms, prepared
Mixed pickles
Prepared dishes based on fish, seafood, meat, vegetables and eggs
Snack foods on the basis of meat, fruits and vegetables.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Cocoa
Artificial coffee, coffee and tea extracts
Cocoa powder
Tea-based beverages
Coffee-based beverages
Drinking chocolate
Sugar
Cereals
Foodstuffs made from cereals
Preparations made from cereals
Breakfast cereals
Muesli consisting predominantly of cereals
Bread
Rusks
Pastries
Cakes
Buns
Cookies
Viennese pastries
Couscous [semolina]
Rice
Tapioca
Sago
Chocolate
Hot chocolate
Chocolate powder
Confectionery
Ice, ice creams, frozen yogurts and sorbets
Confectionery ices
Frozen dairy confections
Honey, treacle
Salts, seasonings, flavourings and condiments
Mustard
Vinegar
Sauces (condiments)
Dressings for salad
Mayonnaise
Ketchup, spices and condiments
Spices
Dough pieces
Pasties and pies
Sandwiches
Puddings
Sushi
Tarts
Prepared meals consisting principally of pasta or rice
Rice- or cereal-based snack food
Corn based savoury snacks
Flour based savoury snacks
Snack foods consisting principally of bread
Fresh, frozen, refrigerated or preserved pizzas.
The mark was filed in class 32 with following description of goods:
Beers
Minerals and aerated waters and other non-alcoholic drinks
Fruit drinks and fruit juices
Syrups and other preparations for making beverages
Nut and soy based beverages.
The mark was filed in class 33 with Alcoholic beverages (except beer) and alcoholic preparations to make beverages..