The trademark ODE was filed by ODE International GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 20, 2022, and received one opposition filed on September 19, 2022 by AMARANT BAKKERSHOLDING BV on Likelihood of confusion. the opponent was represented by den Herder, Thomas Christiaan and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 19, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2024.The first Cancellation was filed by ODE Vintages, S.A. (represented by João Peixe) on September 1, 2024 and Adversarial proceedings are ongoing.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on September 4, 2024.
Goods And Services
The mark was filed in class 29 with following description of goods:
Aubergine paste
Dates
Pickled ginger
Gherkins
Low-fat potato crisps
Fruit preserved in alcohol
Vegetables, cooked
Cooked fruits
Vegetable-based spreads
Canned vegetables
Vegetable salads
Klipfish [salted and dried cod]
Edible flowers, dried
Vegetables, dried
Coconut, desiccated
Flavoured nuts
Hummus [chickpea paste]
Guacamole [mashed avocado]
Ginger jam
Candied nuts
Potato crisps
Cheese
Kimchi [fermented vegetable dish]
Artichokes, preserved
Berries, preserved
Beans, preserved
Peas, preserved
Preserved lentils
Olives, preserved
Preserved peppers
Mushrooms, preserved
Fish, preserved
Ginger, preserved
Preserved garlic
Vegetables, preserved
Laver, preserved
Fruit, preserved
Oysters, not live
Edible insects, not live
Fish, not live
Shrimps, not live
Shellfish, not live
Nut-based spreads
Sardines, not live
Salmon, not live
Tuna, not live
Fruits, tinned
Olive oil for food
Vegetable marrow paste
Pickles
Ratatouille
Raisins
Seeds, prepared
Nuts, prepared
Peanuts, prepared
Aloe vera prepared for human consumption
Sweet corn, processed
Vegetables, processed
Fruit, processed
Lemon juice for culinary purposes
Onion rings.
The mark was filed in class 30 with following description of goods:
Agave syrup
Algae
Aniseed
Apple sauces
Flavourings, other than essential oils, for beverages
Burritos
Chutneys [condiments]
Peanut confectionery
Edible rice paper
Essences for foodstuffs, except etheric essences and essential oils
Vinegar
Edible paper
Spring rolls
Fruit coulis [sauces]
Corn, roasted
Tea-based beverages
Cereal bars
Cereal-based snack food
Spices
Condiments
Gluten-free bread
Honey
Coffee
Coffee flavourings
Artificial coffee
Vegetal preparations for use as coffee substitutes
Coffee-based beverages
Cocoa
Cocoa-based beverages
Chamomile-based beverages
Crystallized rock sugar
Capers
Kimchi pancakes
Cooking salt
Garden herbs, preserved
Crackers, namely savoury crackers
Liquorice [confectionery]
Stick liquorice
Gingerbread
Mayonnaise
Sea water for cooking
Molasses for food
Coffee beverages with milk
Milk chocolates
Soya bean paste [condiment]
Oat-based food
Natural sweeteners
Infusions, not medicinal
Chocolate-coated nuts
Onigiri [rice balls]
Orange blossom water for culinary purposes
Pasta sauce
Pesto [sauce]
Pepper
Pizzas
Popcorn
High-protein cereal bars
Popcorn
Ravioli
Rice-based snack food
Unroasted coffee
Dressings for salad
Sandwiches
Chocolate
Chocolate spreads containing nuts
Kelp tea
Celery salt
Bread rolls
Mustard
Sesame seeds
Soya sauce
Sherbets [sorbets]
Sauces
Edible ices
Star aniseed
Fruit confectionery
Tabbouleh
Tacos
Tea
Tea beverages with milk
Tortillas
Unleavened bread
Quinoa, processed
Buckwheat, processed
Waffles
Prepared rice rolled in seaweed
Pralines
Rusks.
The mark was filed in class 32 with following description of goods:
Aperitifs, non-alcoholic
Cocktails, non-alcoholic
Soft drinks
Non-alcoholic fruit juice beverages
Fruit nectars, non-alcoholic
Non-alcoholic beverages
Non-alcoholic dried fruit beverages
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages flavoured with tea
Barley wine
Beer
Beer-based cocktails
Powders for effervescing beverages
Pastilles for effervescing beverages
Energy drinks
Juices
Vegetable juice
Ginger beer
Isotonic beverages
Aerated water
Lemonades
Kvass [non-alcoholic beverage]
Malt beer
Mineral water [beverages]
Shandy
Rice-based beverages, other than milk substitutes
Sarsaparilla
Seltzer water
Smoothies
Soda water
Soya-based beverages, other than milk substitutes
Sorbets in the nature of beverages
Table waters
Tomato juice
Must
Grape must, unfermented
Waters.
The mark was filed in class 33 with following description of goods:
Fruit extracts, alcoholic
Alcoholic essences
Alcoholic extracts
Alcoholic beverages containing fruit
Alcoholic beverages (except beer)
Pre-mixed alcoholic beverages, other than beer-based
Sugarcane-based alcoholic beverages
Anise [liqueur]
Aperitifs
Cider
Arrack [arak]
Perry
Cocktails
Grain-based distilled alcoholic beverages
Distilled beverages
Gin
Hydromel [mead]
Liqueurs
Bitters
Hydromel [mead]
Rice alcohol
Sake
Rum
Sake
Spirits [beverages]
Piquette
Digestives
Brandy
Wine
Whisky
Vodka.
The mark was filed in class 35 with following description of goods:
Retailing, wholesaling and mail ordering, in relation to the following goods: Eggplant paste, Dates, Pickled ginger, Gherkins, Low-fat potato chips, Fruit preserved in alcohol, Cooked vegetables, Cooked fruits, Vegetable pate, Vegetable preserves, Vegetable salad, Salted and dried cod, Edible flowers, dried, Dried vegetables, dried coconuts, Flavoured nuts, hummus, guacamole, Ginger jam, candied nuts, Crisps (potato ), Cheese, Kimchi, Preserved artichokes, Preserved berries
Retailing, wholesaling and mail ordering, in relation to the following goods: Preserved beans, Preserved peas, Preserved lentils, Olives, preserved, Preserved peppers, Mushrooms, preserved, Fish preserved in any manner, Preserved ginger, Preserved garlic, Preserved vegetables, Laver, preserved, Preserved fruits, Oysters, not live, Edible insects (not live), Fish, not live, Shrimps, not live, shellfish, not live, Seafood not live, For food, Nut-based spreads
Retailing, wholesaling and mail ordering, in relation to the following goods: Sardines, not live, salmon, not live, tuna, not live, Tinned fruits, Olive oil for food, Pumpkin-based vegetable creams, Pickles, Ratatouille, Raisins, Seeds, prepared, processed nuts, Prepared peanuts, Aloe vera prepared for human consumption, Sweetcorn, processed, processed vegetables, Processed fruits, Lemon juice for culinary purposes, Onion ring, Agave syrup, algae, anise, Applesauce
Retailing, wholesaling and mail ordering, in relation to the following goods: Flavourings for drinks, Not being essential oils, Burritos, Chutney, Peanut confectionery, Edible rice paper, Essences for foodstuffs, except etheric essences and essential oils, Vinegar, Edible paper, Spring rolls, compotes, toasted corn, Tea-based beverages, Cereal bars, Cereal-based snack food, Spices, mixed spices, gluten free bread, Honey
Retailing, wholesaling and mail ordering, in relation to the following goods: Coffee, Coffee flavourings, Artificial coffee, Vegetal preparations for use as coffee substitutes, Coffee-based beverages, Cocoa, Cocoa-based beverages, Chamomile-based beverages, Candy, Capers, Kimchi pancakes, Cooking salt, preserved garden herbs, Cracker biscuits, namely savoury cracker biscuits, Liquorice confectionery, Stick liquorice, Gingerbread, Mayonnaise, Sea water for cooking, molasses, Coffee beverages with milk, Milk chocolate, Miso, Oat-based food, Natural sweeteners
Retailing, wholesaling and mail ordering, in relation to the following goods: non-medicinal infusions, chocolate coated nuts, onigiri, orange blossom water For culinary purposes, Pasta sauces, pesto, Pepper, Pizzas, popped popcorn, High-protein cereal bars, pop corn, Ravioli, Rice-based snack food, Unroasted coffee, salad dressings, Sandwiches, Chocolate, Chocolate spread containing hazelnuts, Kelp tea, Celery salt, Bread rolls, Mustard, Sesame seeds, Soya sauce, sherbets, Sauces, Ices, Star aniseed
Retailing, wholesaling and mail ordering, in relation to the following goods: Fruit confectionery, Tabbouleh, Tacos, tea, tea beverages with milk, Tortillas, Unleavened bread, Processed quinoa, Processed buckwheat, wafers, Prepared rice rolled in seaweed, Dragées, Biscotti, Aperitifs (non-alcoholic), Alcohol free cocktails, nonalcoholic soft drinks, Non-alcoholic fruit drinks, Non-alcoholic fruit nectars, Non-alcoholic drinks, Non-alcoholic dried fruit beverages
Retailing, wholesaling and mail ordering, in relation to the following goods: non-alcoholic beverages flavored with coffee, nonalcoholic beverages flavored with tea, barley wine [beer], Beer, Beer-based cocktails, Powders for effervescing beverages, Pastilles for effervescing beverages, Energy beverages, Fruit juices, Vegetable juices, ginger beer, isotonic beverages, aerated waters, Lemonades, kvass, Malt beer, Mineral waters, Shandy, Rice beverages, Sarsaparilla, Seltzer water, smoothies soda water, soy beverage, sherbets, table waters, tomato juice
Retailing, wholesaling and mail ordering, in relation to the following goods: Must, Grape must, unfermented, Waters, Fruit extracts with alcohol, alcoholic essences, alcoholic extracts, Alcoholic beverages containing fruit, Alcoholic beverages other than beer, Pre-mixed alcoholic beverages, not based on beers, Sugarcane-based alcoholic beverages, Aperitifs containing anise (liqueur), Cider, arak [arrack], Perry, Cocktails, Grain-based distilled alcoholic beverages, Distilled beverages, Gin
Retailing, wholesaling and mail ordering, in relation to the following goods: Mead (hydromel), liquors, Bitters, Hydromel (mead), rice alcohol, Rice wines, rum, sake, Fortified wine, Piquette, Digestives, Brandy, Wine, whisky, Vodka
Consultancy regarding advertising communication strategies
Advertising agency services
Marketing.
The mark was filed in class 43 with Temporary accommodation and Services for providing food and drink..