The trademark PAPA HAYDN was filed by Volodymyr Mandrin, a national of Ukraine (the "Applicant"). The application was published for oppositions on February 8, 2021, and received one opposition filed on May 9, 2021 by JIM BEAM BRANDS CO. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BOMHARD IP, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 9, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded content
Databases
Media content
Software
Data carriers containing stored typographic typefaces
Data recorded electronically
Computer digital maps
Data recorded electronically from the internet
Directories [electric or electronic]
Downloadable emoticons for mobile phones
Downloadable multimedia files
Holograms
Holograms for genuine product certification
Holographic film
Magnetic recordings
Optical disc recordings
Pre-programmed discs
Pre-recorded compact discs
Prerecorded magnetic data carriers
Recorded data [magnetic]
Recorded data files
Recorded tapes
Recording substrates [optical]
Reprographic plates (sensitised -) [exposed]
Sensitized microfilms, exposed
Timetables (Electronic -)
X-ray plates [exposed] other than for medical use.
The mark was filed in class 15 with Musical accessories and Musical instruments..
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Stationery and educational supplies
Works of art and figurines of paper and cardboard, and architects' models
Adhesives for stationery or household purposes
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Decoration and art materials and media
Filtering materials of paper
Toilet rolls
Towels of paper
Tissue paper
Tissues of paper for removing make-up
Toilet paper
Paper wipes
Paper tissues
Napkin paper
Mats for beer glasses
Hygienic hand towels of paper
Paper handtowels
Absorbent paper
Printed matter, and stationery and educational supplies
Pastes and other adhesives for stationery or household purposes
Glue for stationery or household purposes
Gluten [glue] for stationery or household purposes
Gums [adhesives] for stationery or household purposes.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Ice, ice creams, frozen yogurts and sorbets
Bread
Cereal bars and energy bars
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Aerated chocolate
Almond confectionery
Almonds covered in chocolate
Apple fritters
Bakery goods
Bars of sweet jellied bean paste (Yohkan)
Biscotti dough
Boiled confectionery
Bread pudding
Butterscotch chips
Cakes of sugar-bounded millet or popped rice (okoshi)
Canapes
Candy
Cheese-flavored biscuits
Chocolate
Chocolate bark containing ground coffee beans
Chocolate based products
Chocolate bunnies
Chocolate coated fruits
Chocolate-based spreads
Chocolate-coated berries
Chocolate topping
Chocolate vermicelli
Chocolate waffles
Chocolate with alcohol
Chocolate-coated nuts
Chocolate-coated sugar confectionery
Chocolate coated macadamia nuts
Chocolate coated nougat bars
Chocolate confectionery containing pralines
Chocolate confectionery having a praline flavour
Chocolate creams
Chocolate decorations for cakes
Chocolate decorations for christmas trees
Chocolate decorations for confectionery items
Chocolate desserts
Chocolate flavoured confectionery
Chocolate flavourings
Chocolate fondue
Chocolate for confectionery and bread
Chocolate for toppings
Chocolate marzipan
Chocolate mousses
Chocolate spreads
Chocolate spreads containing nuts
Chocolate spreads for use on bread
Chocolate with Japanese horseradish
Chocolates
Cinnamon rolls
Coated nuts [confectionery]
Cocoa based creams in the form of spreads
Cocoa-based ingredients for confectionery products
Confectionery
Confectionery chips for baking
Confectionery containing jam
Confectionery containing jelly
Confectionery for decorating Christmas trees
Confectionery having liquid fruit fillings
Confectionery having liquid spirit fillings
Confectionery having wine fillings
Confectionery ices
Confectionery in frozen form
Confectionery in liquid form
Confectionery items coated with chocolate
Cotton candy
Crackers
Crackers flavoured with fruit
Creamed rice
Croissants
Crumble
Crème caramel
Custard
Custards [baked desserts]
Dairy confectionery
Decorations [edible] for christmas trees
Deep-fried dough sticks (Youtiao)
Dessert mousses [confectionery]
Dessert souffles
Dried sugared cakes of rice flour (rakugan)
Edible paper
Edible paper wafers
Edible rice paper
Eight-treasure rice pudding
Flavoured sugar confectionery
Floating islands
Foods with a cocoa base
Foodstuffs containing chocolate [as the main constituent]
Foodstuffs containing cocoa [as the main constituent]
Fried dough twists
Frozen confectionery containing ice cream
Frozen confections on a stick
Frozen dairy confections
Frozen yogurt pies
Fruit jellies [confectionery]
Fruited scones
Ginseng confectionery
Gluten-free bakery products
Graham cracker pie crusts
Graham crackers
Halvah
Herbal honey lozenges [confectionery]
Hot chocolate mixes
Ice confectionery
Imitation chocolate
Imitation custard
Instant dessert puddings
Jam buns
Japanese sponge cakes (kasutera)
Kheer mix (rice pudding)
Korean traditional sweets and cookies [hankwa]
Liqueur chocolates
Liquorice flavoured confectionery
Low-carbohydrate confectionery
Marshmallow topping
Marzipan
Marzipan substitutes
Meringues
Mint flavoured confectionery (Non-medicated -)
Mousse confections
Muesli desserts
Non-medicated chocolate
Non-medicated chocolate confectionery
Non-medicated confectionery containing chocolate
Non-medicated confectionery containing milk
Non-medicated confectionery for use as part of a calorie controlled diet
Non-medicated confectionery having a milk flavour
Non-medicated confectionery having toffee fillings
Non-medicated confectionery in jelly form
Non-medicated confectionery in the shape of eggs
Non-medicated confectionery products
Non-medicated flour confectionery
Non-medicated flour confectionery coated with chocolate
Non-medicated flour confectionery coated with imitation chocolate