The trademark F was filed by Foodji marketplace GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on December 6, 2022, and received one opposition filed on February 28, 2023 by EVOPLAY LTD on Likelihood of confusion. the opponent was represented by Santos RodrÃguez, Sandra and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 28, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Creation of rights in rem of the trademark registration was recorded on April 23, 2023.
The Opposition with reference B 003191245 was rejected according to Article 8(1)(b) CTMR with decision issued on June 30, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 7 with following description of goods:
Vending machines
Distribution machines, automatic
Machine tools.
The mark was filed in class 9 with following description of goods:
Electronic payment terminals
Encoded cards
Encoded cards for use in point of sale transactions
Encoded magnetic cards
Computer programs, downloadable
Computer software, recorded
Computer software applications, downloadable
Instant messaging software
File sharing software
Communications software for electronically exchanging data, in particular location information, audio, videos, images and graphics via computer, mobile, wireless and telecommunications networks
All the aforementioned goods exclusively in connection with the sale, delivery or provision of consumable and durable goods.
The mark was filed in class 20 with following description of goods:
Mirrors (silvered glass)
Picture frames
Furniture
Containers, not of metal [storage, transport].
The mark was filed in class 29 with following description of goods:
Game, not live
Fish, not live
Poultry
Meat
Meat extracts
Eggs
Milk
Milk products
Soups
Processed fruits, fungi and vegetables (including nuts and pulses)
Jellies, jams, compotes, fruit and vegetable spreads.
The mark was filed in class 30 with following description of goods:
Edible salt
Seasonings
Spices
Flavouring
Chocolate
Confectionery
Desserts
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas and cocoa and substitutes therefor
Processed cereals and starches for foodstuffs, and goods made therefrom
Baking preparations
Yeast.
The mark was filed in class 32 with following description of goods:
Beer
Mineral and aerated waters and other non-alcoholic beverages
Fruit beverages and fruit juices.
The mark was filed in class 33 with following description of goods:
Preparations for making alcoholic beverages
Alcoholic beverages (except beer)
Spirits and liquors
Wine.
The mark was filed in class 35 with following description of goods:
Advertising, Distribution of products for advertising purposes, Marketing, marketing studies and market analysis
Services rendered by a franchisor, namely, assistance in the running or management of industrial or commercial enterprises
Business consultancy regarding the setting up and operation of franchises
Advice in the running of establishments as franchises
Business management assistance regarding the founding of franchise companies
Retail and wholesale of groceries
Compilation of data in computer databases (data capture services)
Consumer research
Promoting the goods and services of others
Rental of advertising space
Rental of advertising time on communication media
Negotiation and conclusion of commercial transactions for third parties
Mediation and rental of advertising space and advertising material
Procurement of contracts [for others]
Compilation of directories for publication on the internet
Providing a searchable online advertising guide featuring the goods and services of other on-line vendors on the internet
Advertising, promotion and marketing services
Compilation and provision of trade and business price and statistical information
Compilation and systematisation of information in databanks
Compilation of information on computer databases
The bringing together, for the benefit of others, of a variety of goods (excluding the transport thereof), namely of food, meals and beverages, enabling customers to conveniently view and purchase those goods
Operation and rental of vending machines
None of the aforementioned services being for or relating to computer programming, gaming software, videogames or slot games.
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Filling of machines and containers
Delivery services
Delivery of goods by messenger
Delivery of groceries
Filling and refilling of vending machines, in particular goods vending machines for food, meals, coffee and other beverages or small articles.
The mark was filed in class 42 with following description of goods:
Software as a service [SaaS]
IT consultancy, advisory and information services
Rental of computer hardware and facilities
Updating of memory banks of computer systems
Software development, programming and implementation
Data duplication and conversion services, data coding services
Updating websites for others
Data mining
Computer system analysis
Science and technology services
Scientific services and design relating thereto
Scientific research
Industrial analysis services
Industrial research
Quality control and authentication services
Design and development of computer hardware
All the aforementioned services exclusively in connection with the sale, delivery or provision of consumable and durable goods.
The mark was filed in class 43 with following description of goods:
Hospitality services [accommodation]
Food and drink catering
Providing drink services
Bar services
Bistro services
Juice bars
Bar and restaurant services
Services for the preparation of food and drink
Take-away food and drink services
Hospitality services [food and drink]
Corporate hospitality (provision of food and drink)
Services for providing drink
Services for providing food
Self-service cafeteria services
Serving food and drinks
Mobile restaurant services
Preparation of meals
Food preparation services
Food preparation for others on an outsourcing basis
Providing food and drink for guests
Preparation and provision of food and drink for immediate consumption
Services for providing food and drink
Provision of information relating to the preparation of food and drink