The trademark DONUT FREAKS was filed by Gökbayrak & Nassar GbR, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 28, 2021, and received one opposition filed on May 7, 2021 by Delikara, Coskun on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 7, 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 30 with following description of goods:
Bagels
Pastries
Ready-made baking mixtures
Fruit cakes
Sweetmeats [candy]
Puddings
Chocolate
Baking powder
Doughnut mixes
Baguettes
Pastry dough
Popcorn
Waffles
Vegan ice cream
Cream cakes
Apple tarts
Candy
Candy cake
Flour ready for baking
Croissants
Wafers [food]
Poppy seed pastry
Cupcakes
Baklava
Flavourings, other than essential oils, for cakes
Fruit confectionery
Bakery goods
Vanilla
Crepes
Tarts
Sweetmeats [candy] being flavoured with fruit
Pastries containing fruit
Petit-beurre biscuits
Vegan cakes
Chocolate for toppings
Chocolate waffles
Baking spices
Orange based confectionery
Fruit gums [other than for medical use]
Fruit sugar
Sweetmeats [candy] containing fruit
Cappuccino
Wafers
Sugar candy [for food]
Vegan hot chocolate
Essences for use in cooking [other than essential oils].
The mark was filed in class 35 with following description of goods:
Business management advisory services relating to franchising
Professional business consultation relating to the setting up of businesses
Provision of assistance [business] in the establishment of franchises
Business advice relating to restaurant franchising
Provision of assistance [business] in the operation of franchises
Management advisory services related to franchising
Business risk assessment services
Management assistance to commercial companies
Business assistance relating to franchising
Business advice relating to franchising
Advisory services for business management
Business advice and consultancy relating to franchising
Business assistance relating to the establishment of franchises
Business management assistance in the field of franchising
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Advice in the running of establishments as franchises
Assistance in franchised commercial business management
Management assistance in the establishment of commercial undertakings
Online retail services in relation to bakery goods
Online retail services relating to confectionery
Online retailing in relation to beverages
Online mail order relating to bakery goods
Online mail order services, in relation the following goods, drinks
Retail services relating to bakery products
Retail services in relation to confectionery
Retail services relating to drinks
Wholesale services in relation to baked goods
Wholesale services relating to candy
Wholesale services in relation to drinks.
The mark was filed in class 43 with following description of goods: