EUTM file information

018768573

MyVay

September 26, 2022

Trademark Summary

The trademark MyVay was filed by Aldi GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on January 8, 2023, and received one opposition filed on March 22, 2023 by Cremio EAD on Likelihood of confusion. the opponent was represented by ZLATAREVI PATENT AND TRADEMARK and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 22, 2023

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

The Opposition with reference B 003192350 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 28, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 5 with following description of goods:
    1. Soy protein, Soya protein concentrates, soya protein isolates (nutritional supplements)
    2. Dietary supplements and dietetic preparations
    3. Medical and veterinary preparations and articles
    4. Dental preparations and articles
    5. Sanitary preparations and articles
    6. Pharmaceuticals and natural remedies
    7. Food for babies
    8. Dietetic beverages for babies adapted for medical purposes
    9. Dietetic substances for babies
    10. Food for babies
    11. Beverages for infants
    12. Medicinal tea
    13. Tisanes [medicated beverages].
  • The mark was filed in class 29 with following description of goods:
    1. Meat, fish, poultry and game
    2. Meat extracts
    3. Preserved, frozen, dried and cooked fruits and vegetables
    4. Processed fruits, fungi and vegetables (including nuts and pulses)
    5. Mushrooms, preserved
    6. Fruit salads
    7. Jellies, jams, compotes
    8. Eggs
    9. Milk, cheese, butter, yoghurt and other dairy products
    10. Milk beverages, milk predominating
    11. Milk-mixed beverages
    12. Powdered milk
    13. Powdered milk for food purposes
    14. Edible oils and fats
    15. Rape oil
    16. Milk substitutes
    17. Lactose-free yoghurt
    18. Lactose-free cream
    19. Artificial cream (dairy product substitutes)
    20. Milk cream
    21. Cream products
    22. Cream based on soya
    23. Cream based on oats
    24. Milk cream, based on the following products: Rice
    25. Milk cream, based on the following products: Coconut
    26. Milk desserts
    27. Lactose-free milk
    28. Soya milk
    29. Soya milk
    30. Soya milk
    31. Soya yoghurt
    32. Tofu
    33. Processed soybeans
    34. Soya-based beverages used as milk substitutes
    35. Powdered soya milk
    36. Soya-based meat substitutes
    37. Meat substitutes, based on the following products: Pea protein
    38. Meat substitutes, based on the following products: Wheat Proteins
    39. Meat substitutes, based on the following products: Lupins
    40. Fermented meat substitutes
    41. Soy-based snack foods
    42. Almond milk
    43. Beverages, based on the following products: Pea protein, Lupins
    44. Almond milk-based beverages
    45. Almond milk for culinary purposes
    46. Coconut milk
    47. Coconut milk-based beverages
    48. Oat milk
    49. Oat-based beverages [milk substitute]
    50. Coconut milk [beverage]
    51. Coconut milk for culinary purposes
    52. Coconut milk for culinary purposes
    53. Coconut milk powder
    54. Rice milk
    55. Rice milk
    56. Rice milk for culinary purposes
    57. Hemp milk used as a milk substitute
    58. Cheese substitutes
    59. Lactose-free cheese
    60. Tofu
    61. Tofu-based snacks
    62. Cooked dish consisting primarily of soybean paste and tofu
    63. Protein desserts based on milk
    64. Protein yogurts
    65. Fish substitutes
    66. Quark and skyr substitutes
    67. Vegan sushi filling substitutes
    68. Soups
    69. Preparations for making soup
    70. Soup preserves
    71. Vegetarian spreads [fat-containing], included in class 29
    72. Fat-containing mixtures for bread slices [vegan], The aforesaid goods included in class 29
    73. Soups and broths
    74. Soups with vegetarian sausages
    75. Soups with vegan sausages
    76. Prepared food consisting mainly of vegetables
    77. Vegetarian charcuterie
    78. Vegan charcuterie
    79. Vegetable burgers
    80. Vegan patties
    81. Prepared meals comprising vegetables
    82. Ready meals consisting of meat substitutes
    83. Vegetarian slices
    84. Vegan slices
    85. Vegetarian salami
    86. Vegan salami
    87. Vegetarian schnitzels
    88. Vegan schnitzels
    89. Vegetarian meatballs, including with ketchup or mustard
    90. Vegan meatballs, including with ketchup or mustard
    91. Fruit spreads
    92. Vegetable spreads
    93. Chop suey (vegetable dish without meat)
    94. Prepared vegetable products
    95. Mixtures of fruit and nuts
    96. Prepared salads, including the aforesaid with added vegetable charcuterie, meat and fish goods
    97. Stews
    98. Prepared meals containing [principally] eggs
    99. Potato-based snack foods
    100. Frozen prepared meals consisting principally of vegetables
    101. Kimchi [fermented vegetable dish]
    102. Prepared meals, snacks and desserts based on the aforesaid goods
    103. Vegetable and vegetarian delicatessen food based on vegetables, fruits, potatoes, salad, milk products or eggs, included in class 29
    104. Prepared and raw meals made from vegetable, vegetarian and/or vegan delicatessen foods (based on vegetables, fruit, potatoes, milk preparations or eggs), vegetarian sausage
    105. Vegetarian sausage-like and meat-like products
    106. Dietetic food, consisting primarily of fruit, vegetables, mushrooms, salad, nuts, pulses, milk, jellies, jams, compotes, soups, spreads, stew, cheese or cheese preparations
    107. Dietetic food, consisting primarily of tofu with added soya bean paste [doenjang jjigae]
    108. Prepared meals and semi-prepared meals in fresh, semi-preserved or preserved form, predominantly consisting of portions of vegetables
    109. Cheese food preparations
    110. Cheese products of plant origin
    111. Tomato products, included in class 29
    112. Preparations primarily with vegetables
    113. Vegetables, including with added cheese
    114. Fruits, including with added cheese
    115. Potatoes, including with added cheese
    116. Mushrooms, including with added cheese
    117. Preparations made of gherkins
    118. Lemon juice
    119. Processed onions [included in class 29]
    120. Vegetable spreads and other preparations of vegetables, fruits, pulses, seeds and/or nuts
    121. Tofu with and without vegetable fat
    122. Kefir for food
    123. Fruit jellies
    124. Vegetable gratins
    125. Soya beans for food
    126. Including the aforesaid goods, in so far as possible, in the form of prepared meals, semi-prepared meals or in frozen from
    127. Prepared nuts and fruits
    128. Cocoa butter for food
    129. Edible sunflower seeds
    130. Pumpkin seeds
    131. Pine nuts
    132. Oat drinks
    133. Vegetarian barbecue preparations (meat substitute)
    134. Vegan barbecue preparations (meat substitutes)
    135. Vegetarian spread
    136. Vegan spread
    137. Vegetable burgers
    138. Vegan burgers
    139. Vegetarian and vegan fish sticks, including with tartare sauce
    140. Falafel
    141. Sunflower burgers
    142. Vegan caviar
    143. Spreads, included in class 29, of vegetable, vegetarian and/or vegan delicatessen foods
    144. Canned vegetables
    145. Vegetarian and vegan meat substitute products, included in class 29
    146. Vegan milk and cheese substitute products, included in class 29
    147. Vegetarian and vegan chicken nuggets, Including all the aforesaid goods in frozen form
    148. Mincemeat [chopped meat]
    149. Apple purée
    150. Processed lemons
    151. Bacon
    152. Sausages
    153. Charcuterie
    154. Sausages
    155. Salami
    156. Ham
    157. Beef steaks
    158. Beefburgers
    159. Pork
    160. Chicken
    161. Turkey meat
    162. Prepared meals containing [principally] chicken
    163. Prepared meals consisting substantially of seafood
    164. Prepared dishes consisting principally of meat
    165. Prepared meals consisting principally of game
    166. Prepared meals containing [principally] bacon
    167. Mussels, not live
    168. Cream cheese
    169. Fruit pulp
    170. Gherkins
    171. Chicken sausages
    172. Organic milk
    173. Olives, preserved
    174. Processed almonds
    175. Processed tomatoes
    176. Tomato paste
    177. Shelled prawns
    178. Pre-cut vegetables for salads
    179. Cooking oils
    180. Peanut paste
    181. Marmelade
    182. Stock [prepared]
    183. Fruit flavoured yoghurts
    184. Fruit flavoured yoghurt substitutes
    185. Quark
    186. Processed cores
    187. Coconut oil for food
    188. Pumpkin seed oil for food
    189. Olive oil
    190. Sunflower oil for food
    191. Salmon, not live
    192. Yogurt drinks
    193. Fruit-based meal replacement bars
    194. Frozen spinach
    195. Smoked salmon
    196. Smetana [sour cream]
    197. Whipping cream
    198. Sultanas
    199. Dried fruit
    200. Walnut kernels
    201. Fish fillets
    202. Fruit puree
    203. Agar-agar for culinary purposes
    204. Alginates for culinary purposes
    205. Pectin for culinary purposes
    206. Butter substitutes
    207. Nut-based spreads, namely, Nut spreads
    208. Soy-based snack foods
    209. Snacks, based on the following products: Almonds
    210. Coconut-based snacks, peas based snacks, Snacks, based on the following products: Lupins
    211. Meals, based on the following products: Soya
    212. Meals, based on the following products: Almonds
    213. Meals, based on the following products: Coconut
    214. Meals, based on the following products: Peas
    215. Meals, based on the following products: Lupins
    216. Soy-based ready meals
    217. Prepared meals, based on the following products: Almonds
    218. Prepared meals, based on the following products: Coconut
    219. Prepared pea based dishes
    220. Prepared meals, based on the following products: Lupins.
  • The mark was filed in class 30 with following description of goods:
    1. Coffee, tea, cocoa and artificial coffee
    2. Rice, pasta and noodles
    3. Tapioca and sago
    4. Flour and preparations made from cereals
    5. Bread, pastry and confectionery
    6. Pastry
    7. Chocolate
    8. Bakery goods
    9. Frozen pastry stuffed with vegetables
    10. Ice cream, sorbets and other kinds of edible ices
    11. Edible ices
    12. Powders for making ice cream
    13. Ice for refreshment
    14. Ice cakes
    15. Sugar, honey, treacle
    16. Yeast, baking-powder
    17. Salt, condiments, spices, preserved herbs
    18. Salt and herb mixtures
    19. Processed herbs
    20. Vinegar, sauces and other condiments
    21. Sauces [condiments]
    22. Ice [frozen water]
    23. Processed oats
    24. Oat-based food
    25. Soya based ice cream products
    26. Ice-cream products, based on the following products: Coconut
    27. Ice-cream products, based on the following products: Almonds
    28. Ice-cream products, based on the following products: Peas
    29. Ice cream products based on lupins
    30. Rice-based pudding dessert
    31. Desserts based on soya
    32. Desserts, based on the following products: Almonds
    33. Desserts, based on the following products: Coconut
    34. Puddings
    35. Rice-based pudding dessert
    36. Blancmanges, based on the following products: Soya
    37. Blancmanges, based on the following products: Almonds
    38. Blancmanges, based on the following products: Coconut
    39. Blancmanges, based on the following products: Peas
    40. Blancmanges, based on the following products: Lupins
    41. Rice-based snack food
    42. Rice based dishes
    43. Rice-based prepared meals
    44. Prepared rice dishes
    45. Prepared meals containing [principally] rice
    46. Frozen prepared rice with seasonings and vegetables
    47. Pre-packaged lunches consisting predominantly of rice with vegetables
    48. Cereal powders
    49. Processed cereals
    50. Foodstuffs made from cereals
    51. Mustard
    52. Muesli
    53. Salad sauces
    54. Confections
    55. Pizzas
    56. Ready-made dishes containing pasta
    57. Prepared meals containing [principally] pasta
    58. Sandwiches containing salad
    59. Fruit cakes
    60. Pastries containing fruit
    61. Breakfast cereals containing a mixture of fruit and fibre
    62. Snack bars with a mixture of grains (cereals), nuts and/or fruit (confectionery)
    63. Vegetable pies, vegetarian and/or vegan
    64. Vegetable pulps (sauces for food)
    65. Vegetable purees [sauces]
    66. Vegetable pastes [sauces]
    67. Filled yeast dough with fillings consisting of vegetables
    68. Vegetable flavoured corn chips
    69. Crackers flavoured with vegetables
    70. Vegetable concentrates used for seasoning
    71. Pasta preserves
    72. Preserved pizzas
    73. Tortilla snacks
    74. Snacks with sesame
    75. Snack food products made from potato flour
    76. Cereal-based snack food
    77. Snacks manufactured from muesli
    78. Snack foods consisting principally of extruded cereals
    79. Ready to eat savory snack foods made from maize meal formed by extrusion
    80. Prepared meals in the form of pizzas
    81. Pasta with vegetarian and/or vegan fillings
    82. Vegetarian and/or vegan pies, included in class 30
    83. Binding agents (included in class 30)
    84. Biscuits
    85. Soya sauce
    86. Soya flour
    87. Soy bean paste
    88. Goods made from soya flour
    89. Soy-based ice cream substitute
    90. Bread with soy bean
    91. Fruit sauces
    92. Vegetable sauces
    93. Chocolate based products
    94. Cocoa substances
    95. Sea salt
    96. Relish [condiment]
    97. Liquid and dry condiments
    98. Sweets made with chocolate and/or fruits
    99. Desserts
    100. Vegetable, vegetarian and vegan delicatessen foods, based on pasta, included in class 30, Including the aforesaid goods, in so far as possible, in the form of prepared meals, semi-prepared meals or in frozen from
    101. Chocolate-based spreads, chocolate spreads containing nuts
    102. Dietetic food, consisting primarily of rice, flour, cereal preparations, edible ices, yeast, baking powder, cocoa, desserts, bread, bakery goods, confectioneries, pasta, muesli, confectionery, pizza, tarts, pastries, snack food bars, pâtés en croûte, snacks of corn, rice, sesame, potato flour and based on cereals, muesli snacks, chocolate preparations
    103. Salad dressings
    104. Purées [sauces]
    105. Pasta sauces
    106. Vegan mayonnaise
    107. Mayonnaise-based spreads
    108. Including the aforesaid goods, in so far as possible, in the form of prepared meals, semi-prepared meals or in frozen from
    109. Brandy vinegar or fruit wine vinegar
    110. Thickening agents
    111. Locust bean gum
    112. Seitan and wheat syrup
    113. Preparations of cereals
    114. Vegetarian sandwiches
    115. Vegan sandwiches
    116. Vegetarian spices
    117. Vegan seasonings
    118. Vegetarian pastries
    119. Vegan pastries
    120. Dietetic foods of soya flour
    121. Chocolate-based beverages
    122. Maple syrup
    123. Ready-made baking mixtures
    124. Vegetable gelling agents
    125. Pasta sauce
    126. Maize semolina
    127. Spelt, processed
    128. Processed sorghum
    129. Couscous [semolina]
    130. Gnocchi
    131. Flapjacks
    132. Crackers flavoured with fruit
    133. Rice-based snack food
    134. Snack foods prepared from maize
    135. Processed corn
    136. Tomato sauce
    137. Quinoa, processed
    138. Processed Amaranth
    139. Spaghetti
    140. Cakes
    141. Crisp breads
    142. Crispbread snacks
    143. Wheat flour
    144. Agave syrup [natural sweetener]
    145. Candy
    146. Bread rolls
    147. Waffles
    148. Fruit gums [other than for medical use]
    149. Oat flakes
    150. Cereal products in bar form
    151. Pesto [sauce]
    152. Chocolate bars
    153. Wraps [sandwich]
    154. Pumpernickel
    155. Batter mixes
    156. Potato flour
    157. Bakery goods, namely, Dough pieces
    158. Coffee-based beverages containing milk substitutes (dry, chilled and powdered)
    159. Dairy puddings
    160. Vegan sushi substitutes
    161. Pulse-based desserts.
  • The mark was filed in class 31 with following description of goods:
    1. Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
    2. Natural plants and flowers
    3. Onions, seedlings and grains (seeds) in the form of propagation material
    4. Live animals
    5. Malt
    6. Carrots (Fresh -)
    7. Berries, fresh fruits
    8. Melons
    9. Unprocessed fruits
    10. Fresh fruits
    11. Fresh vegetables
    12. Chicory, fresh
    13. Potatoes, fresh
    14. Nuts being fresh
    15. Garden herbs, fresh
    16. Fresh pulses
    17. Fresh seaweed
    18. Salad vegetables [fresh]
    19. Lettuce, fresh
    20. Soya beans
    21. Mung beans
    22. Meals composed of some or all of the aforesaid goods
    23. Foodstuffs for animals and beverages for animals.
  • The mark was filed in class 32 with following description of goods:
    1. Beer
    2. Mineral and aerated waters and non-alcoholic drinks
    3. Fruit beverages and fruit juices
    4. Syrups and other non-alcoholic preparations for making beverages
    5. Beverages with a low milk ferment content
    6. Oat-based beverages [not being milk substitutes]
    7. Coconut water as a beverage
    8. Powders for the preparation of beverages
    9. Powders used in the preparation of coconut water drinks
    10. Nut and soy based beverages
    11. Soya-based beverages, other than milk substitutes
    12. Rice-based beverages, other than milk substitutes
    13. Orgeat
    14. Smoothies containing grains and oats
    15. Protein drinks
    16. Non-alcoholic soya and/or rice based drinks
    17. Soya-based syrups and other preparations on the basis of soya and/or rice for making beverages
    18. Apple juice beverages
    19. Vegetable juices [beverages]
    20. Orange juice
    21. Grape juice
    22. Smoothies
    23. Lemonades.
  • The mark was filed in class 33 with Alcoholic beverages (except beers) and Beverages containing wine [spritzers]..