The trademark ABC! was filed by Suomen Osuuskauppojen Keskuskunta, a corporation established under the laws of the Republic of Finland (the "Applicant"). The application was published for oppositions on November 15, 2020, and received one opposition filed on February 14, 2021 by Bahlsen GmbH & Co. KG on Likelihood of confusion. the opponent was represented by KNPZ Rechtsanwälte – Klawitter Neben Plath Zintler – Partnerschaftsgesellschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 14, 2021
The application was filed in Finnish, and Finnish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 4 with following description of goods:
Fuels
Lubricants
Benzine
Diesel oil, liquefied gas, heating oil.
The mark was filed in class 29 with following description of goods:
Prepared salads
Potato-based salads
Prepared meals based on meat, fish, poultry, game and vegetables.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Coffee, cocoa, chocolate and tea based beverages
Bread
Salads (pasta-)
Filled baguettes, breads, sandwiches and buns
Wraps [sandwich]
Prepared meals based on rice, noodles and pasta
Pizzas
Hamburgers (sandwiches).
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Mineral and aerated waters
Fruit beverages and fruit juices
Water
Smoothies.
The mark was filed in class 35 with Retail services and online retail services of fuels, lubricants, car accessories, car maintenance products, car cleaning and polishing preparations, food, prepared meals, beverages, cosmetic products, beauty products, health care products, household goods, tobacco products, washing and cleaning products, hygiene products, stationery, household papers, magazines and books and on-line ordering services in the field of restaurant take-out and delivery..
The mark was filed in class 37 with following description of goods:
Vehicle service stations [refuelling and maintenance]
Service stations for the repair of vehicles
Vehicle repair, maintenance, cleaning, washing, refuelling and recharging
Vehicle fuelling services.
The mark was filed in class 39 with Distribution, supply, transportation and storage of fuel and heating oil.
The mark was filed in class 41 with Children's entertainment services.
The mark was filed in class 43 with Café and restaurant services provided in connection with service station business and Provision of event facilities and temporary office and meeting facilities..