The trademark IMPERIAL CAVIAR was filed by Imperial Caviar GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 11, 2021, and received one opposition filed on November 4, 2021 by CULMAREX S.A.U. on Likelihood of confusion. the opponent was represented by 1919 POLO PATENT and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 4, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003157797 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 14, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Caviar
Fish, seafood and molluscs, not live
Fish, seafood and molluscs spreads
Fish spread
Fish, not live
Salmon caviar
Salmon, not live
Black caviar
Sea salmon roe for food
Fish roe, prepared
Chilled foods consisting predominately of fish
Processed fish products for human consumption
Truffles, preserved
Truffle-based spread products (truffle creams)
Truffle paste
Mushrooms, prepared
Edible oils and fats
Dairy products and dairy substitutes
Smetana [sour cream]
Oysters, not live
Prawns, not live
Crustaceans, not live
Tuna, not live.
The mark was filed in class 30 with following description of goods:
Vinegar
Spices
Saffron [seasoning]
Sauces [condiments]
Pancakes.
The mark was filed in class 31 with Truffles, fresh.
The mark was filed in class 35 with Retail services relating to delicatessen products.
The mark was filed in class 43 with following description of goods: