The trademark SNACK TO YOUR HEART'S CONTENT was filed by S. MALHOTRA & CO. AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on May 30, 2022, and received one opposition filed on August 24, 2022 by BERNHARD ZABLER GmbH & Co. KG on Likelihood of confusion. the opponent was represented by De Zorti, Michael and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 24, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Banana chips
Berries, preserved
Blended oil for food
Blended vegetable oils for culinary purposes
Bombay mix
Butter
Butter oil
Canned peanuts
Chilli oil
Chips [french fries]
Chips (Fruit -)
Chips (Potato -)
Coconut oil
Coconut oil for food
Cooking oils
Corn oil
Corn oil for food
Dried fruit
Dried fruit-based snacks
Dried fruit mixes
Dried nuts
Edible oils and fats
Extra-virgin olive oil
Extra virgin olive oil for food
Fish in olive oil
Fish, preserved
Fish sticks
Fish with chips
Flavored nuts
Flavoured edible oils
Fruit based snack foods
Fruit chips
Fruit jams
Fruit jellies
Fruit preserves
Fruit, processed
Fruits, tinned
Ground nuts
Groundnut oil
Hummus
Instant soup
Jellies, jams, compotes, fruit and vegetable spreads
Linseed oil for culinary purposes
Low-fat potato chips
Low-fat potato crisps
Maize oil
Milk products
Nut-based snack foods
Nut oils for food
Olive oil
Olive oil for food
Olive paste
Olive puree
Olives, preserved
Olives stuffed with almonds
Olives stuffed with cheese
Olives stuffed with red peppers
Olives stuffed with red peppers and almonds
Palm oil for food
Peanut butter
Pickled fish
Pickled fruits
Pickled ginger
Pickled hot peppers
Pickled jalapenos
Pickled vegetables
Potato-based snack foods
Potato chips
Potato crisps
Potato crisps in the form of snack foods
Potato snack foods
Pre-cut vegetables
Prepared meals consisting primarily of vegetables
Prepared vegetable products
Preserved chilli peppers
Preserved fruits
Preserved fish
Preserved vegetables (in oil)
Preserves, pickles
Processed fruits, fungi, vegetables, nuts and pulses
Processed olive puree
Processed olives
Quick-frozen vegetable dishes
Rapeseed oil for food
Refried beans
Rice bran oil for food
Roasted nuts
Salted nuts
Seafood preserves
Seafood substitutes
Sesame oil for food
Soup concentrates
Soup mixes
Soup cubes
Soups
Soy burger patties
Soybean oil for cooking
Spiced oils
Spicy pickles
Strawberries being preserved
Stuffed olives
Sunflower oil for food
Tapenades
Tinned olives
Tinned seafood
Tinned tomatoes
Tinned vegetables
Tomato preserves
Tomatoes [preserved]
Truffle-based oils
Truffles, preserved
Tuna fish [preserved]
Tuna in oil
Vegetable-based meat substitutes
Vegetable-based snack foods
Vegetable burgers
Vegetable chips
Vegetable crisps
Vegetable extracts for cooking
Vegetable oils for food
Vegetable preserves
Vegetarian charcuterie
Vegetarian sausages
Veggie burger patties
Vegetable soup preparations
Vegetables, preserved
Vegetables preserved in oil
Yoghurt
Yoghurt based drinks
Yucca chips.
The mark was filed in class 30 with following description of goods:
Alimentary seasonings
Baking spices
Balsamic vinegar
Beverages made from chocolate
Beverages made from coffee
Beverages made of tea
Biscotti
Biscuits
Blends of seasonings
Bread
Breakfast cereals, porridge and grits
Cake mixes
Candy
Cereal bars and energy bars
Cereals
Chili seasonings
Chilled pizzas
Chili powders
Chocolate
Chips [cereal products]
Chocolate confectionary
Chutney
Cilantro, dried
Cinnamon powder [spice]
Cinnamon [spice]
Coffee
Coffee, teas and cocoa and substitutes therefor
Condiments
Corn chips
Crackers
Cumin powder
Curry powder [spice]
Dried and fresh pastas, noodles and dumplings
Edible spices
Essences for cooking [other than essential oils]
Flavorings and seasonings
Flour
Frozen confectionery
Frozen meals consisting primarily of pasta
Frozen meals consisting primarily of rice
Fruit ice cream
Herbal infusions
Herbal teas
Hot chocolate
Ice cream
Ice, ice creams, frozen yogurts and sorbets
Instant udon noodles
Ketchups
Mayonnaise
Meals consisting primarily of pasta
Meals consisting primarily of rice
Muesli
Natural honey
Naan bread
Noodles
Pancake mixes
Pancake syrup
Pancakes
Pasta-based prepared meals
Pastries, cakes, tarts and biscuits (cookies)
Pasta products
Pasta sauces
Pizza
Pizzas [prepared]
Pizza spices
Pizza sauces
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Rice
Saffron for use as a seasoning
Salad dressings
Salsa sauces
Salts, seasonings, flavourings and condiments
Savory sauces, chutneys and pastes
Sea salt for cooking
Snack food (Cereal-based -)
Sorbets
Soy sauce
Spaghetti
Spices
Spices in the form of powders
Spicy sauces
Sugars, natural sweeteners, sweet coatings and fillings, bee products