The trademark Magic Cook was filed by YIHAI (CHINA) FOOD CO., LIMITED, a corporation established under the laws of Hong Kong, Special Administrative Region of the People's Republic of China (the "Applicant"). The application was published for oppositions on March 25, 2021, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on June 27, 2021 by CNA International, Inc on Likelihood of confusion. the opponent was represented by BALLESTER IP and its proceedings were handled in English The second opposition filed on June 24, 2021 by CAMPOFRIO FOOD GROUP, S.A.U. on Likelihood of confusion. the opponent was represented by PONS IP, S.A. and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003149456 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on July 21, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Fish fillets
Grilled fish fillets
Dried fish meat
Processed fish
Boiled and dried fish
Fish, not live
Meat
Processed olives
Vegetables, preserved
Eggs
Milk products
Nuts, prepared
Dried truffles [edible fungi]
Fish cakes
Fish sticks
Canned seafood
Fish-based foodstuffs.
The mark was filed in class 30 with following description of goods:
Sugar paste
Cereal-based snack food
Rice-based snack food
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Instant rice
Rice-based prepared meals
Instant noodles
Puffed corn snacks
Puffed rice
Rice crackers
Rice crisps
Condiments
Seasonings.
The mark was filed in class 43 with following description of goods: