The trademark Pol's FREEZE FRESH was filed by POLS ERM TARIM ANONIM SIRKETI, a corporation established under the laws of the Republic of Turkey (the "Applicant"). The application was published for oppositions on October 13, 2022, and received one opposition filed on January 11, 2023 by HOLDER on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by T MARK CONSEILS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 11, 2023
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003187980 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 5, 2024 by the EUIPO. The Appeal with reference B R1369/2024-4 was Trade mark application partially refused according to Article 8(5) EUTMR with decision issued on December 12, 2024 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
Prepared insects and larvae
Processed fruits, fungi, vegetables, nuts and pulses
Sausage skins and imitations thereof
Soups and stocks, meat extracts
Prepared vegetable dishes
Prepared salads
Prepared meat dishes
Prepared meals made from seafood substitutes
Prepared meals made from poultry [poultry predominating]
Prepared meals made from meat [meat predominating]
Prepared meals made from fish substitutes
Prepared meals containing [principally] eggs
Prepared meals containing [principally] chicken
Prepared meals containing [principally] bacon
Prepared meals consisting primarily of kebab
Prepared meals consisting primarily of meat substitutes
Prepared meals consisting primarily of turkey
Prepared meals consisting principally of game
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Prepared meals consisting substantially of seafood.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Ice, ice creams, frozen yogurts and sorbets
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Bread
Cereal bars and energy bars
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum.
The mark was filed in class 31 with following description of goods:
Agricultural and aquacultural crops, horticulture and forestry products
Bait, not artificial
Bedding and litter for animals
Foodstuffs and fodder for animals
Live animals, organisms for breeding.
The mark was filed in class 32 with following description of goods:
Beer and non-alcoholic beer
Non-alcoholic beverages
Non-alcoholic preparations for making beverages.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services