018823967

MycoPROTEIN Curator

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January 16, 2023

Trademark Summary

The trademark MycoPROTEIN Curator was filed by KONTOR N GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 5, 2023, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on May 7, 2023 by Curators of Flavour Ltd on Likelihood of confusion. the opponent was represented by Boult Wade Tennant LLP and its proceedings were handled in English The second opposition filed on May 2, 2023 by THG Nutrition Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HGF B.V. and its proceedings were handled in English

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

The Refusal with reference B 018823967 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on July 26, 2023 by the EUIPO.

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Goods And Services

• The mark was filed in class 1 with following description of goods:
  
  1. Chemical substances for
  2. Chemical materials and preparations, and natural elements
  3. Chemical and organic compositions for use in the manufacture of food and beverages
  4. Protein [raw material]
  5. Protein for use in the manufacture of foodstuffs
  6. Proteins for the food industry
  7. Protein for food for human consumption [raw material]
  8. Proteins for use in fermentation technology
  9. Proteins for use in industry
  10. Proteins for use in the manufacture of beverages
  11. Proteins for use in the manufacture of food supplements
  12. Reagents for protein folding [other than for medical or veterinary purposes].
• The mark was filed in class 29 with Vegetable, vegetarian and/or vegan meat substitutes and imitation meat and Meat substitutes..
• The mark was filed in class 30 with following description of goods:
  
  1. Dry and liquid ready-to-serve meals, mainly consisting of pasta, Dry and liquid ready-to-serve meals, mainly consisting of rice, Dry and liquid ready meals, consisting predominantly of pasta and rice
  2. Salts, seasonings, flavourings and condiments
  3. Savory sauces, chutneys and pastes
  4. Sweetmeats
  5. Sugar, natural sweeteners, Bee products for food
  6. Ice, ice creams, frozen yogurts and sorbets
  7. Coffee, teas and cocoa and substitutes therefor
  8. Dried and fresh noodles and dumplings, cereals, rice, breakfast cereals, porridge, grits
  9. Vegetarian foods based on spice pastes
  10. Food consisting of vegetable products, namely, Foodstuffs made from pulses, Foodstuffs made of rice, Food of noodles
  11. Sauces with a vegetable base
  12. Ready meals consisting of vegetarian foodstuffs based on cereal products, yeast and/or spice pastes
  13. Dietetic foodstuffs with a base of carbohydrates
  14. Soya bean paste [condiment]
  15. Fruit and vegetable pulp
  16. Semolina, noodles
  17. Edible salt
  18. Edible plant fibres (cereal products), not for medical purposes, included in class 30
  19. Processed bran (cereal preparations) for human consumption.
• The mark was filed in class 31 with following description of goods:
  
  1. Live animals, organisms for breeding
  2. Agricultural and aquacultural crops, horticulture and forestry products
  3. Algae for human or animal consumption
  4. Plants (fresh fruits and vegetables, fresh nuts and garden herbs, malt and unprocessed cereals, natural turf, flowers, seeds, bulbs and seedlings for plant cultivation, trees and forestry products, plant residues [raw materials], mushrooms)
  5. Foodstuffs and fodder for animals
  6. Bedding and litter for animals.
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising, Marketing and promotion services, Product demonstrations and product display services
  2. Services relating to customer loyalty, incentive and bonus schemes, distribution of advertising, marketing and sales promotion materials, consultancy and assistance in the field of advertising, marketing and sales promotion
  3. Providing, Rental, in relation to the following goods: Advertising space, Advertising marks and (advertising materials)
  4. Public relations services, Retailing and wholesaling, also via internet in relation to the following goods: Proteins, Nutritional supplements, Formed textured vegetable protein for use as a meat substitute, Meat substitutes, Protein-based foodstuffs, Foodstuffs based on cereal products
  5. Rental of vending machines
  6. Business assistance
  7. Business management and administrative services
  8. Book-keeping
  9. Preparation and auditing of accounts
  10. Administrative data processing
  11. Human resources management and recruitment services
  12. Clerical services, Business consultancy and advisory services
  13. Rental of office machines and equipment
  14. Business analysis, research and information services
  15. Marketing research
  16. Collection and systematization of business data.
• The mark was filed in class 40 with following description of goods:
  
  1. Food and beverage treatment
  2. Manufacture of synthetic food of draff, for others
  3. Processing and preparation of draff, for others
  4. Processing and preparation of brewers' residue, for others
  5. Brewing services
  6. Beer brewing for others
  7. Energy production
  8. Printing, and photographic and cinematographic development
  9. Duplication of audio and video recordings
  10. Air and water conditioning and purification
  11. Slaughtering
  12. Rental of equipment for the treatment and transformation of materials, for energy production and for custom manufacturing
  13. Rental of objects in connection with the providing of the aforesaid services, included in this class
  14. Consultancy and information in relation to the aforesaid services, included in this class.