The trademark MR GRILL was filed by Monolith (UK) Service Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on January 2, 2022, and received one opposition filed on March 29, 2022 by Vitalii Tarasovych, Voitovych on (a) Likelihood of confusion, (b) Mark was filed without authorisation of proprietor. the opponent was represented by ZIVKO MIJATOVIC & PARTNERS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 29, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Printed publications
Humidity control sheets of paper or plastic for foodstuff packaging
Paper bag
Cardboard food and drink boxes and containers
Food wrappers
Biodegradable paper pulp-based to-go containers for food and drink
Wrapping paper
Bags and articles for packaging, wrapping and storage of food and drink
Paper coffee filters
Coffee table books
Paper loyalty cards
Paper serviettes
Paper towels
Paper napkins.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Food and drink storage containers and boxes
Sandwich and bread boxes
Cups of paper or plastic or glass
Cup holders.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry, game, meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Oils and fats for food
Cooked and cured meats
Hot dog sausages, sausages
Hamburgers
Burgers
Vegetable burgers
Processed meat based foods
Pork
Sandwich fillings comprising meat, fish, poultry, game, meat extracts, preserved, frozen, dried and cooked fruits or vegetables
Battered and breaded fish
Fish cakes
Fish fillets
Breaded chicken, chicken nuggets and kievs
Processed nuts
Vegetable puree
Salads, vegetable salads, fruit salad
Salads containing fish, meat, or poultry
Potato salad, coleslaw, anchovy, apple purée, bacon, preserved beans, black pudding, broth, broth concentrates
Croquettes, gherkins, ginger jam, ham, herrings, hummus [chickpea paste], peanut butter, processed peanuts, preserved peas, preserves and pickles, pickles made from fruit or vegetables
Potato chips, French fries
Sweet potato fries
Onion rings
Potato crisps, potato flakes, potato dumplings, powdered eggs, soya milk [milk substitute], tahini [sesame seed paste], tofu, tomato purée, tripe, preserved truffles, vegetable juices for cooking, preparations made of soya, soup and soup products in powder or liquid form, preparations for making soup in powder or liquid form, fish-based dried foodstuffs, meat-based dried foodstuffs, vegetable-based dried foodstuffs, cereal-based dried foodstuffs, dairy substitutes
Prepared meals consisting primarily of meat, fish, poultry or game
Prepared meals consisting primarily of fruits or vegetables, prepared snacks consisting primarily of fruit, vegetables or nuts
Energy drinks, energy drinks containing caffeine, flavoured carbonated beverages, fruit juice, gurana drinks, honey-based beverages, isotonic beverages, isotonic drinks, hypertonic and hypotonic drinks (for use and/or as required by athletes), sports drinks
Non-alcoholic malt free beverages, table waters, tomato juice [beverage], vegetable juices, waters, effervescent (sherbet) tablets and effervescent powders for drinks, smoothies (non-alcoholic fruit beverages), malt wort, malt beer, beer-based cocktails, ginger ale, ginger beer, hop extracts for manufacturing beer.
The mark was filed in class 33 with following description of goods:
The mark was filed in class 35 with following description of goods:
Business assistance, management, consultancy and administrative services
Loyalty, incentive and bonus program services
Customer services, namely providing commercial advice and support to customers including customer enquiry, comments and complaints in relation to advertising, sales, customer loyalty, business organization, consumer products and the provision of food and drink services
Sales promotion
Product marketing and merchandising
Promotional marketing
Arranging subscriptions to telecommunication services for others
Computerized file management
Demonstration of goods
Opinion polling
Business information
Professional business consultancy
Data search in computer files for others
Commercial or industrial management assistance
Advertising
On-line advertising on a computer network
Compilation of information into computer databases
Systemization of information into computer databases
Commercial administration of the licensing of the goods and services of others
Administrative processing of purchase orders
Public relations
Commercial information and advice for consumers in the choice of products and services
Advisory services for business management
Import-export agency services
Commercial information services provided by access to a computer database
Wholesale services, franchise services, retail services and online retail services connected with the sale of paper and cardboard, printed matter, printed publications, humidity control sheets of paper or plastic for foodstuff packaging, paper bag, cardboard food and drink boxes and containers, food wrappers, biodegradable paper pulp-based to-go containers for food and drink, wrapping paper, bags and articles for packaging, wrapping and storage of food and drink, paper coffee filters, coffee table books
Wholesale services, franchise services, retail services and online retail services connected with the sale of paper loyalty cards, paper serviettes, paper towels, paper napkins
Wholesale services, franchise services, retail services and online retail services connected with the sale of household or kitchen utensils and containers, food and drink storage containers and boxes, sandwich and bread boxes, cups of paper or plastic or glass, cup holders
Wholesale services, franchise services, retail services and online retail services connected with the sale of meat, fish, poultry, game, meat extracts, preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, oils and fats for food, cooked and cured meats, hot dog sausages, sausages, hamburgers, burgers, vegetable burgers, processed meat based foods, pork, sandwich fillings, battered and breaded fish, fish cakes
Wholesale services, franchise services, retail services and online retail services connected with the sale of fish fillets, breaded chicken, chicken nuggets and kievs, processed nuts, vegetable puree
Wholesale services, franchise services, retail services and online retail services connected with the sale of salads, vegetable salads, fruit salad, salads containing fish, meat or poultry, potato salad, coleslaw
Wholesale services, franchise services, retail services and online retail services connected with the sale of anchovy, apple purée, bacon, preserved beans, black pudding, broth, broth concentrates, croquettes, gherkins, ginger jam, ham, herrings, hummus [chickpea paste], peanut butter, processed peanuts, preserved peas, preserves and pickles, pickles made from fruit or vegetables, potato chips, french fries, sweet potato fries, onion rings, potato crisps, potato flakes
Wholesale services, franchise services, retail services and online retail services connected with the sale of potato dumplings, powdered eggs, soya milk [milk substitute], tahini [sesame seed paste], tofu, tomato purée, tripe, truffles, vegetable juices for cooking, whey
Wholesale services, franchise services, retail services and online retail services connected with the sale of preparations made of soya, soup and soup products in powder or liquid form, preparations for making soup in powder or liquid form, dried foodstuffs
Wholesale services, franchise services, retail services and online retail services connected with the sale of prepared meals consisting primarily of meat, fish, poultry or game, prepared meals consisting primarily of fruits or vegetables, prepared snacks consisting primarily of fruit, vegetables or nuts
Wholesale services, franchise services, retail services and online retail services connected with the sale of prepared snacks consisting primarily of meat, fish, poultry, game, meat extracts
Wholesale services, franchise services, retail services and online retail services connected with the sale of pâté and meat-based spreads
Wholesale services, franchise services, retail services and online retail services connected with the sale of coffee, tea, cocoa, artificial coffee, rice, tapioca, aniseed, aromatic preparations for food, artificial coffee, bread, bread rolls, hot-dog buns, hamburger rolls, steaks and burgers contained in bread rolls, hotdog sandwiches, sago, flour and preparations made from cereals, pastry, confectionery, bagels, waffles, pancakes, bakery products
Wholesale services, franchise services, retail services and online retail services connected with the sale of condiments, cookies, cooking salt, corn flakes, corn meal, couscous [semolina], crackers, custard, dessert mousses [confectionery], dough, dressings for salad, flavourings other than essential oils
Wholesale services, franchise services, retail services and online retail services connected with the sale of preserved garden herbs [seasonings], ginger [spice], gingerbread, golden syrup, ham glaze, high-protein cereal bars, honey, ice cream and ice cream products, ice for refreshment, iced tea, infusions (not medicinal), ketchup [sauce], marzipan, mayonnaise, meat gravies, meat pies, natural sweeteners, noodle-based prepared meals, noodles, nutmegs, oat-based food, oat flakes, oatmeal, palm sugar
Wholesale services, franchise services, retail services and online retail services connected with the sale of pancakes, pasta, pasta salad, pasta sauce, pasties, pastry, peanut confectionery, pepper, peppermint sweets, peppers [seasonings], pesto [sauce], pies, pizzas, popcorn, pralines, puddings, quiches
Wholesale services, franchise services, retail services and online retail services connected with the sale of ravioli, relish [condiment], rice cakes, rice salad, royal jelly, rusks, sago, sandwiches, sauces [condiments], seasonings, semolina, sorbets [ices], soya sauce, spaghetti, spring rolls
Wholesale services, franchise services, retail services and online retail services connected with the sale of sugar, sushi, tacos, tapioca, tarts, tea-based beverages, thickening agents for cooking foodstuffs, tomato sauce, tortillas, turmeric for food, unroasted coffee, vinegar, wheat flour, wheat germ for human consumption
Wholesale services, franchise services, retail services and online retail services connected with the sale of frozen confectionery, sugar confectionery, chocolate, chocolate confections, confectionery bars, lozenges, pastilles, sweets, ice lollies, chocolates, biscuits, cakes, pastries, wafers, snack foods, chilled and frozen confections and desserts, flavoured toppings for desserts
Wholesale services, franchise services, retail services and online retail services connected with the sale of cold tea, chocolate covered nuts, sugared nuts, spice blends, spice paste, spices in the form of powders, Turkish delight, baklava, flour based dumplings, flour based dumplings consisting of meat or vegetables, rice based dumplings, Yorkshire puddings, frozen yoghurts, frozen desserts, pizzas, pasta dishes, garlic bread
Wholesale services, franchise services, retail services and online retail services connected with the sale of prepared meals consisting of cereal-based food, prepared frozen meals consisting of cereal-based food, cereal-based foodstuffs for human consumption, cereal-based prepared snack foods, cereal-based snack foods, prepared foods containing meats and vegetables, prepared rice foods containing meats and vegetables, patties, savoury pastries, pastries consisting of meat, vegetable, fish or poultry
Wholesale services, franchise services, retail services and online retail services connected with the sale of beers, mineral and aerated waters, non-alcoholic drinks, fruit drinks and fruit and vegetable juices, syrups for making beverages, shandy, de-alcoholised drinks, non-alcoholic beers and wines, preparations for making beverages
Wholesale services, franchise services, retail services and online retail services connected with the sale of aerated water, ale, lager, pilsner, porter, shandy, stout, kvass, low-alcohol beer, non-alcoholic ciders, non-alcohol wines, non-alcoholic aperitifs, beverages containing vitamins, beverages enriched with added vitamins, whey beverages
Wholesale services, franchise services, retail services and online retail services connected with the sale of non-alcoholic cocktails, energy drinks, energy drinks containing caffeine, flavoured carbonated beverages, fruit juice, gurana drinks, honey-based beverages, isotonic beverages, isotonic drinks, hypertonic and hypotonic drinks (for use and/or as required by athletes), sports drinks, non-alcoholic malt free beverages, table waters, tomato juice [beverage], vegetable juices, waters
Wholesale services, franchise services, retail services and online retail services connected with the sale of effervescent (sherbet) tablets and effervescent powders for drinks, smoothies (non-alcoholic fruit beverages), malt wort, malt beer, beer-based cocktails, ginger ale, ginger beer, hop extracts for manufacturing beer
Wholesale services, franchise services, retail services and online retail services connected with the sale of alcoholic beverages (except beer), alcoholic wines, spirits and liqueurs, alcopops, alcoholic cocktails, alcoholic beverages containing fruit, alcoholic essences, alcoholic extracts
Wholesale services, franchise services, retail services and online retail services connected with the sale of aperitifs, bitters, brandy, cachaca, calvados, cream liqueurs, cider, cocktails, curacao, digesters [liqueurs and spirits], distilled beverages, fruit extracts [alcoholic] gin, grappa, hydromel [mead], kirsch, liqueurs, nira [sugarcane-based alcoholic beverage]
Wholesale services, franchise services, retail services and online retail services connected with the sale of malt whisky, mulled wines, port, port wines, rum punch, sangria, schnapps, sherry, sparkling wines, tequila, vermouth, alcoholic preparations for making beverages.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Travel arrangement
Transport and delivery of goods
Delivery services
Food and drink delivery services
Packaging of food and drink
Distribution services
Packaging of goods information, advisory and consultancy services relating to the aforesaid services.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Take-away food and drink services
Preparation and provision of take away foods and drinks