The trademark CHOC'O ROI was filed by NCB HOLDING, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on June 22, 2021, and received one opposition filed on August 2, 2021 by chocri GmbH on Likelihood of confusion. the opponent was represented by GLEISS LUTZ HOOTZ HIRSCH PARTMBB RECHTSANWÄLTE, STEUERBERATER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 2, 2021
The application was filed in French, and French 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:
Bakery goods
Bread
Viennese pastries
Pastries, tarts, pie crusts
Biscuits
Sand biscuits
Pizzas
Savory pastries
Salted tarts
Sandwiches
Flour and preparations made from cereals
Confectionery
Ice, ice creams, frozen yogurts and sorbets
Pancakes
Buns
Chocolates
Chutneys [condiments]
Coffee-based beverages
Tea-based beverages
Drinking chocolate
Caramelbased spreads
Cookie based spreads
Chocolate-based spreads.
The mark was filed in class 32 with Beer and Soft drinks..
The mark was filed in class 33 with Alcoholic beverages (except beer) and Wine..
The mark was filed in class 35 with following description of goods:
Retail services, in relation the following goods: Preserved, frozen, dried and cooked, fruits and vegetables, Frosted fruits, Jellies, Jams, compotes, Bread, bakery products, Cakes and pastries, Pastries, Cakes and tarts, Biscuits, short bread
Retail services, in relation the following goods: Pizzas, savory pastries, Salted tarts, Sandwiches, Flour and preparations made from cereals, Edible candy, Ice, ice creams, frozen yogurts and sorbets, Pancakes, buns, Chocolate goods
Retail services, in relation the following goods: Coffee-based beverages, tea-based beverages, Chocolate beverages, Caramel spreads, biscuit spreads, Chocolate spread
Retail services, in relation the following goods: Beer, Non-alcoholic drinks, Alcoholic beverages, Wine
Services provided by a franchiser, namely: Business management or operation assistance within a network of bakery shops and pastry shops
Consultancy and assistance in the management and organisation of business affairs within a franchise network
Business information and reports relating to franchises
Services rendered by a franchisor, namely: Business assistance for commercial operation or management of bakery shops and pastry shops
Business activities within a franchisee network
On-line ordering services in the field of restaurant take-out and delivery.
The mark was filed in class 43 with following description of goods: