The trademark application Елитная was filed by Lackmann Fleisch- und Feinkostfabrik GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). Appeal pending.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018482659 was Rejected according to Article 7(1)(b) EUTMR with decision issued on March 15, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat and meat products
Dairy products and dairy substitutes
Sausage casings, natural or artificial
Fish, seafood and molluscs, not live
Edible oils and fats
Soups and stocks, meat extracts
Processed fruits, fungi, vegetables, nuts and pulses
Birds eggs and egg products
Prepared insects and larvae.
The mark was filed in class 30 with following description of goods:
Snack foods prepared from maize
Snacks manufactured from muesli
Cereal-based snack food
Snack food products made from cereal flour
Sandwiches
Flaky pastry containing ham
Pretzels
Bean jam buns
Hamburgers contained in bread rolls
Frankfurter sandwiches
Buckwheat jelly (Memilmuk)
Burritos
Cheeseburgers [sandwiches]
Chinese steamed dumplings (shumai, cooked)
Grain-based chips
Crackers flavoured with meat
Crackers flavoured with cheese
Crackers flavoured with spices
Egg pies
Enchiladas
Tamales
Chocolate-based ready-to-eat food bars
Fajitas
Pastries consisting of vegetables and fish
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Prepared meals containing [principally] pasta
Snack foods consisting principally of pasta
Meals consisting primarily of pasta
Pizza bases
Pies containing meat
Spring rolls
Prawn crackers
Fried corn
Filled baguettes
Filled bread rolls
Vegetable pies
Pellet-shaped rice crackers (arare)
Rice based dishes
Corn kernels being toasted
Toasted sandwiches
Chips [cereal products]
Mincemeat pies
Hamburgers being cooked and contained in a bread roll
Hot dog sandwiches
Snack food products made from rice flour
Rice-based snack food
Snack food products made from soya flour
Snack food products consisting of cereal products
Puffed corn snacks
Cheese curls [snacks]
Shrimp dumplings
Rice crisps
Lasagne
Instant udon noodles
Instant soba noodles
Instant chinese noodles
Noodle-based prepared meals
Pasta salad
Pasta dishes
Pies [sweet or savoury]
Prepared savory foodstuffs made from potato flour
Savory pastries
Pizzas
Pizza crust
Prepared pizza meals
Quesadillas
Quiches
Ravioli
Risotto
Sandwiches containing fish
Sandwiches containing chicken
Sandwiches containing minced beef
Sandwiches containing salad
Snack food products made from potato flour
Snack food products made from maize flour
Snack food products made from rusk flour
Spaghetti and meatballs
Canned spaghetti in tomato sauce
Crumble
Sushi
Tacos
Pasta containing stuffings
Prepared rice dishes
Freeze-dried dishes with the main ingredient being rice
Tortilla chips
Dry and liquid ready-to-serve meals, mainly consisting of rice
Snack foods consisting principally of bread
Wontons
Wraps [sandwich]
Sandwich wraps [bread]
Prepared foodstuffs in the form of sauces
Edible salt
Seasonings
Spices
Flavourings, other than essential oils, for beverages
Salts, seasonings, flavourings and condiments
Savory sauces, chutneys and pastes
Bakery goods
Pastries
Poppy seed pastry
Chocolate
Farinaceous foods
Sweet and sour sauce
Boiled sweets
Bread
Tea cakes
Pastries containing fruit
Viennoiserie
Cakes
Tarts
Biscuits
Sweetmeats [candy]
Candy cake
Boiled confectionery
Chocolate bars
Chewing gum
Non-medicated confectionery candy
Chocolate candies
Muesli bars
Cereal bars
Ice cream stick bars
Sugar
Bonbons made of sugar
Natural sweeteners
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Treacle
Molasses for food
Sweet glazes and fillings
Iced tea
Ice for refreshment
Soft ices
Ice cream
Frozen yogurt cakes
Frozen yogurt pies
Frozen yoghurt [confectionery ices]
Sherbets [ices]
Sorbets [water ices]
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts