The trademark BIOFARM & MORE was filed by Michalis Economides, a national of the Republic of Cyprus (the "Applicant"). The application was published for oppositions on March 22, 2022, and received one opposition filed on May 10, 2022 by Herbert Kluth GmbH & Co. KG on Likelihood of confusion. the opponent was represented by Jaeschke, Rainer and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 10, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Refusal with reference B 018673770 was Rejected according to Article 7(1)(b) EUTMR with decision issued on August 21, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Fish, seafood and molluscs, not live
Meat and meat products
Processed fruits, fungi, vegetables, nuts and pulses
Birds eggs and egg products
Dairy products and dairy substitutes
Edible oils and fats
Eggs
Edible fats
Cooking oils
Extra virgin olive oil for food
Flavoured oils
Honey butter
Nut oils
Oils for food
Olive oil
Olive oil for food
Vegetable oils for food
Truffle-based oils
Olives, preserved
Preserved olives
Tinned olives
Salads (Vegetable -)
Vegetable salads
Fruit salads
Frozen fruits
Dried fruits.
The mark was filed in class 30 with following description of goods:
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Syrups and treacles
Biological honey for human consumption
Herbal honey
Honey
Honey substitutes
Natural honey
Propolis
Raw honeycombs
Royal jelly
Truffle honey
Cereal snacks
Cereal bars
Cereal powders
Cereals
Cereal flour
Processed cereals
Breakfast cereals
Cereal seeds, processed
Bread
Cereal bars and energy bars
Bakery goods
Crackers
Nut confectionery
Muesli desserts
Salts, seasonings, flavourings and condiments
Extracts used as flavoring [not essential oils]
Essences for use in cooking [other than essential oils]
Dry seasonings
Dried herbs
Flavourings made from vegetables [other than essential oils]
Flavourings made from fruits
Flavorings and seasonings
Herbal flavourings for making beverages
Flavourings, other than essential oils, for beverages
Preserved herbs
Processed seeds used as a flavoring for foods and beverages
Processed seeds for use as a seasoning
Processed herbs
Spice extracts
Seasonings
Vinegar
Vegetable flour.
The mark was filed in class 31 with following description of goods:
Agricultural and aquacultural crops, horticulture and forestry products
Foodstuffs and fodder for animals
Live animals, organisms for breeding
Fungi
Plants and their fresh produce
Agricultural produce (Unprocessed -)
Plants
Raw agricultural products
Raw and unprocessed agricultural products
Raw forestry products
Flowers
Fresh fruits, nuts, vegetables and herbs
Malts and unprocessed cereals
Natural turf
Plant residues (raw materials)
Seeds, bulbs and seedlings for plant breeding
Trees and forestry products
Grains [cereals]
Unprocessed cereals
Fresh olives
Olives, fresh
Raw olives
Bees
Vegetable seeds
Fresh fruits
Unprocessed fruits
Nuts [fruits].
The mark was filed in class 32 with following description of goods:
Juices
Vegetable juice
Fruit juice
Vegetable juices [beverages]
Beverages consisting of a blend of fruit and vegetable juices.
The mark was filed in class 43 with following description of goods:
Provision of food and drink
Temporary accommodation
Services for providing food and drink
Preparation of meals
Providing accommodation for functions
Food preparation services
Restaurant services
Hospitality services [accommodation]
Providing temporary accommodation
Temporary accommodation information, advice and reservation services
Rental of furniture, linens, table settings, and equipment for the provision of food and drink
Information, advice and reservation services for the provision of food and drink
Boarding for animals
Banqueting services
Arranging of wedding receptions [food and drink]
Food and drink catering
Juice bars
Hospitality services [food and drink].
The mark was filed in class 44 with following description of goods:
Farming services
Farming (crops)
Agriculture, aquaculture, horticulture and forestry services