The trademark Brjka was filed by Global Foods Trading GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 7, 2021, and received one opposition filed on December 22, 2021 by Saagar Food Trading Ltd on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by NLO SHIELDMARK B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 22, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003160944 was Reject opposition: opposition not admissible according to Article 8(1)(a) EUTMR with decision issued on May 30, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetic products
Soaps, laundry, skin and dish soaps
Almond oil
Hair oil.
The mark was filed in class 8 with Cutlery.
The mark was filed in class 11 with Cooking preparation, processing, related apparatus.
The mark was filed in class 21 with following description of goods:
Cooking utensils
Cookware, pots and pans
Household or kitchen utensils and containers
Cookware and tableware takeaway containers
Food storage containers
Cooking storage container.
The mark was filed in class 29 with following description of goods:
Meat, fish, prawns, lamb, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yogurt and other milk products
Oils and fats for food
Natural cheese food product, namely fresh and fried paneer
Clarified butter namely ghee
Milk solids, namely khoa and mawa
Food products, namely yogurt namely dahi
Prepared meals consisting primarily of meat
Ready to eat snack, namely pakoras, namely battered vegetables and cheese
Beans, lentils, cooking oil, butter oil, Dried fruits and nuts
Pickles
Natural cheese food product, namely fresh and fried paneer
Clarified butter namely ghee
Milk solids, namely khoa and mawa
Food products, namely yogurt namely dahi
Milk products, namely milk powder
Mango pulp
Dry fruit and vegetables
Onions, preserved
Peas preserved
Processed chickpeas.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastries and confectionery
Chocolate
Ice cream, sorbets and other edible ices
Sugar, honey, treacle
Yeast, baking powder
Salt, seasonings, spices, preserved herbs
Vinegar, sauces and other condiments
Ice (frozen water)
Spices
Processed grains
Flour
Rice, sugar
Herbs, namely herbs for cooking
Snack food, namely cereal based bars, chips
Food flavourings, mango pulp
Mango slice
Curry pastes and sauces
Samosa
Food products in the form of confections, namely mithai
Spices
Flour
Rice
Sugar
Dumplings
Cheese ball [snacks]
Confectionary
Prepared meals consisting primarily of pasta
Confectionery
Chutney.
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fresh fruits and vegetables, fresh herbs
Natural plants and flowers
Bulbs, seedlings and seeds for planting
Live animals
Foodstuffs and beverages for animals
Malt
Grains
Sugar cane
Herbs, namely herbs for cooking
Mango slice
Unprocessed grains for eating
Fresh peas
Fresh chickpeas.
The mark was filed in class 32 with following description of goods:
Beers
Non-alcoholic beverages
Mineral and aerated waters
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages, except beers
Alcoholic preparations for making beverages
Wines and spirits.
The mark was filed in class 35 with Wholesale services via the Internet relating to food and beverage, agricultural products, horticultural products and forestry products, tobacco products and other stimulants and wholesale services relating to food and beverage, agricultural products, horticultural products and forestry products, tobacco products and other stimulants..