018823970

MycoPROTEIN

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January 16, 2023

Trademark Summary

The trademark MycoPROTEIN 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 2, 2023, and received one 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 proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 2, 2023

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 018823970 was Rejected according to Article 7(1)(b) EUTMR with decision issued on November 6, 2023 by the EUIPO.

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Goods And Services

• The mark was filed in class 29 with following description of goods:
  
  1. Meat, Meat spreads, Fish, seafood and molluscs, not live
  2. Fish and seafood and shellfish spreads, Dairy products and dairy substitutes, Cheese, Birds’ eggs and egg products, Edible oils and fats, Processed fruits, fungi and vegetables (including nuts and pulses), Jellies, jams, compotes, fruit and vegetable spreads, Soups and stocks, meat extracts, Prepared insects and larvae, Sausage casings, natural or artificial, Dried soya beans
  3. Soya beans, preserved, for food
  4. Processed soya beans and products made therefrom
  5. Soya [prepared]
  6. Fruit or vegetable-based high-protein snacks
  7. Formed textured vegetable protein for use as a meat substitute
  8. Vegetable, vegetarian and/or vegan meat substitutes and imitation meat
  9. Meat substitutes
  10. Products consisting predominantly of meat substitutes
  11. Vegetable-based, vegetarian and/or vegan spreads [included in class 29]
  12. Dietetic foodstuffs, not for medical purposes, based on protein (included in class 29)
  13. Vegetable-based, vegetarian and/or vegan delicatessen, consisting principally of soya-based meat substitute preparations
  14. Meat-based, fish-based, vegetable-based, egg-based and/or milk-based snacks
  15. Prepared meals consisting principally of fish, meat, vegetables, eggs and/or milk.
• 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. Candy bars and chewing gum
  6. Cereal bars and energy bars
  7. Sugars, natural sweeteners, sweet coatings and fillings, bee products
  8. Syrups and treacles, Sweet glazes and fillings
  9. Ice, ice creams, frozen yogurts and sorbets
  10. Coffee, teas and cocoa and substitutes therefor
  11. Dried and fresh noodles and dumplings, cereals, rice, breakfast cereals, porridge, grits
  12. Vegetarian foods based on spice pastes
  13. Food consisting of vegetable products, Namely pulses, Rice, noodles
  14. Sauces with a vegetable base
  15. Ready meals consisting of vegetarian foodstuffs based on cereal products, yeast and/or spice pastes
  16. Dietetic foodstuffs with a base of carbohydrates
  17. Soya bean paste [condiment]
  18. Fruit and vegetable pulp, Cereal-based snack bars
  19. Cereal-based protein-rich snacks
  20. Semolina, noodles
  21. Edible salt
  22. Edible plant fibres (cereal products), not for medical purposes, included in class 30
  23. Processed bran (cereal preparations) for human consumption.
• 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.