The trademark nussetta was filed by Hayri Orhan, a national of the Republic of Turkey (the "Applicant"). The application was published for oppositions on October 12, 2020, and received one opposition filed on January 10, 2021 by Netto Marken-Discount Stiftung & Co. KG on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by DR. RAUSCHER & PARTNER and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 10, 2021
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:
Roasted nuts
Edible nuts
Blanched nuts
Candied nuts
Flavoured nuts
Shelled nuts
Salted nuts
Nuts being cooked
Processed nuts
Nuts, prepared
Preserved nuts
Dried nuts
Pastes made from nuts
Ground nuts
Nut oils
Processed fruits, fungi, vegetables, nuts and pulses
Snack mixes consisting of dehydrated fruit and processed nuts.
The mark was filed in class 31 with following description of goods:
Nuts [fruits]
Nuts being fresh
Nuts, unprocessed
Raw nut kernels
Edible nuts [unprocessed]
Animal foodstuffs in the form of nuts
Fresh fruits, nuts, vegetables and herbs.
The mark was filed in class 35 with following description of goods:
Wholesale services in relation to non-alcoholic beverages
Retail services in relation to non-alcoholic beverages
Wholesale services in relation to alcoholic beverages (except beer)
Retail services in relation to alcoholic beverages (except beer)
Wholesale services in relation to kitchen appliances
Retail services in relation to kitchen appliances
Retail services in relation to nuts [fruits]
Wholesale services in relation to nuts [fruits]
Online retail services in relation to nuts [fruits]
Retail services in relation to nuts being fresh
Wholesale services in relation to nuts being fresh
Online retail services in relation to nuts being fresh
Retail services in relation to nuts, unprocessed
Wholesale services in relation to nuts, unprocessed
Online retail services in relation to nuts, unprocessed
Retail services in relation to raw nut kernels
Wholesale services in relation to raw nut kernels
Online retail services in relation to raw nut kernels
Retail services in relation to edible nuts [unprocessed]
Wholesale services in relation to edible nuts [unprocessed]
Online retail services in relation to edible nuts [unprocessed]
Retail services in relation to animal foodstuffs in the form of nuts
Wholesale services in relation to animal foodstuffs in the form of nuts
Online retail services in relation to animal foodstuffs in the form of nuts
Retail services in relation to fresh fruits, nuts, vegetables and herbs
Wholesale services in relation to fresh fruits, nuts, vegetables and herbs
Online retail services in relation to fresh fruits, nuts, vegetables and herbs
Retail services in relation to roasted nuts
Wholesale services in relation to roasted nuts
Online retail services in relation to roasted nuts
Retail services in relation to edible nuts
Wholesale services in relation to edible nuts
Online retail services in relation to edible nuts
Retail services in relation to blanched nuts
Wholesale services in relation to blanched nuts
Online retail services in relation to blanched nuts
Retail services in relation to candied nuts
Wholesale services in relation to candied nuts
Online retail services in relation to candied nuts
Retail services in relation to flavoured nuts
Wholesale services in relation to flavoured nuts
Online retail services in relation to flavoured nuts
Retail services in relation to shelled nuts
Wholesale services in relation to shelled nuts
Online retail services in relation to shelled nuts
Retail services in relation to salted nuts
Wholesale services in relation to salted nuts
Online retail services in relation to salted nuts
Retail services in relation to nuts being cooked
Wholesale services in relation to nuts being cooked
Online retail services in relation to nuts being cooked
Retail services in relation to processed nuts
Wholesale services in relation to processed nuts
Online retail services in relation to processed nuts
Retail services in relation to nuts, prepared
Wholesale services in relation to nuts, prepared
Online retail services in relation to nuts, prepared
Retail services in relation to preserved nuts
Wholesale services in relation to preserved nuts
Online retail services in relation to preserved nuts
Retail services in relation to dried nuts
Wholesale services in relation to dried nuts
Online retail services in relation to dried nuts
Retail services in relation to pastes made from nuts
Wholesale services in relation to pastes made from nuts
Online retail services in relation to pastes made from nuts
Retail services in relation to ground nuts
Wholesale services in relation to ground nuts
Online retail services in relation to ground nuts
Retail services in relation to nut oils
Wholesale services in relation to nut oils
Online retail services in relation to nut oils
Retail services in relation to processed fruits, fungi, vegetables, nuts and pulses
Wholesale services in relation to processed fruits, fungi, vegetables, nuts and pulses
Online retail services in relation to processed fruits, fungi, vegetables, nuts and pulses
Retail services in relation to snack mixes consisting of dehydrated fruit and processed nuts
Wholesale services in relation to snack mixes consisting of dehydrated fruit and processed nuts
Online retail services in relation to snack mixes consisting of dehydrated fruit and processed nuts.