The trademark Daily Fred was filed by Fred OptiFood GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 23, 2021, and received one opposition filed on December 29, 2021 by Katjes Fassin GmbH + Co. KG on Identity of marks and G&S. the opponent was represented by HOYNG ROKH MONEGIER PARTNERSCHAFTSGESELLSCHAFT VON RECHTSANWÄLTEN, ADVOCATEN UND AVOCATS À LA COUR MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 29, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on November 10, 2021.
Goods And Services
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Protein dietary supplements
Powdered nutritional supplement drink mix
Dietary supplements in powder form
Vitamin and mineral supplements
Protein powder dietary supplements.
The mark was filed in class 29 with following description of goods:
Frozen vegetables
Frozen fruits
Dried fruit
Vegetables, dried
Freeze-dried vegetables
Freeze-dried fruit
Frozen meals consisting primarily of poultry
Frozen meals consisting primarily of meat
Frozen prepared meals consisting principally of vegetables
Vegetable-based snack foods
Dried fruit-based snacks
Meat-based snack foods
Vegetable-based snack foods
Fruit- and nut-based snack bars
Fruit-based snack food
Processed fruits, fungi, vegetables, nuts and pulses
Prepared dishes consisting principally of meat
Prepared meals consisting primarily of meat substitutes
Prepared meals consisting principally of vegetables
Fruit, processed
Vegetables, processed
Prepared meat
Powdered egg whites
Drinks made from dairy products
Drinks made from dairy products.
The mark was filed in class 30 with following description of goods:
Cereal-based snack food
Snacks manufactured from muesli
Muesli
Rice-based prepared meals
Prepared meals containing [principally] pasta
Coffee
Freeze-dried confectionery
Ready-made baking mixtures
Freeze-dried cocoa products
Freeze-dried foods with a cocoa base.
The mark was filed in class 32 with following description of goods:
Powders for the preparation of beverages
Non-alcoholic beverages
Essences for making beverages.
The mark was filed in class 35 with following description of goods:
Retail services relating to food
Retail services in relation to foodstuffs
Retail services in relation to dietary supplements
Retail services relating to candy
Retail services in relation to non-alcoholic beverages
Retail services via global computer networks related to foodstuffs
Retail services in relation to preparations for making beverages.
The mark was filed in class 44 with Dietetic advisory services.