The trademark Fabryka Czekolady was filed by LOTTE Wedel sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on July 4, 2023, and received one opposition filed on September 27, 2023 by Chęciński, Piotr on Likelihood of confusion. the opponent was represented by Kręźlewicz, Katarzyna Izabela and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 27, 2023
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 30 with following description of goods:
Chocolate
Chocolates
Chocolate-based beverages
Chocolate for confectionery and bread
Sweets (Non-medicated -) in the nature of sugar confectionery
Non-medicated candy
Sweetmeats [candy]
Gum sweets
Sweets (Non-medicated -) in the nature of caramels
Pralines
Confectionery
Confectionery in frozen form
Frozen yoghurt [confectionery ices]
Frozen confectionery containing ice cream
Cakes
Pastries
Edible wafers
Edible ices
Jelly beans
Chocolate based products
Chocolate based fillings
Chocolate-based spreads
Preparations based on cocoa
Cocoa-based beverages
Coffee-based beverages
Chocolate-based ready-to-eat food bars
Cocoa-based ingredients for confectionery products
Chocolate-based fillings for cakes and pies
Chocolate syrups for the preparation of chocolate based beverages
Cocoa based creams in the form of spreads
Chewing gum
Cocoa
Chocolate-based beverages
Chocolate extracts
Chocolate topping
Chocolate flavoured coatings
Chocolate for toppings
Chocolate mousses
Mousse confections
Tea
Coffee
Chocolate desserts
Dessert mousses [confectionery]
Ice cream desserts
Fruit coulis [sauces]
Chocolate candies
Chocolate bars
Chocolate creams
Chocolate wafers
Chocolate candies
Chocolate pastries
Chocolate flavourings
Chocolate decorations for cakes
Chocolate spreads for use on bread
Non-medicated chocolate confectionery.
The mark was filed in class 35 with following description of goods:
Sales promotion
Product sales information
Organization of trade fairs
Business advice relating to franchising
Exhibitions (Conducting -) for business purposes
Business management
Customer club services, for commercial, promotional and/or advertising purposes
Customer loyalty services for commercial, promotional and/or advertising purposes
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Provision and rental of advertising space
Organisation of exhibitions for business or commerce
Retail souvenir store services in relation to the sale of the following goods: Chocolate, Chocolate goods, Drinking chocolate, Chocolate for confectionery and bread, Bonbons Not for medicinal purposes, gum sweets, Chocolates, Confectionary, Ice creams, water ices, frozen yogurt [edible ices], Frozen confectionery containing ice cream, Cookies, Pastries, Edible wafers, Edible ices, Chocolate based products, Chocolate based fillings, chocolate-based spreads, cocoa based preparations
Retail souvenir store services in relation to the sale of the following goods: Cocoa-based beverages, Coffee-based beverages, Chocolate syrups for the preparation of chocolate-based beverages, cocoa cream in the form of spreads, clear gums, Cocoa, Chocolate beverages, Chocolate extracts, Chocolate topping, Chocolate-flavoured coatings, Chocolate for toppings, Mousses (Chocolate -), Mousse confectionery, tea, Coffee, Chocolate desserts, Dessert mousses (confectionery)
Retail souvenir store services in relation to the sale of the following goods: Ice desserts, Fruit sauces, Chocolate confectionery, chocolate bars, Chocolate cream, Chocolate waffles, Chocolate flavourings, Cake decorations of chocolate, chocolate spreads for use on bread, Boxes of cardboard for packaging purposes, Stationery items, letter paper, Of books, comic books, Albums, Picture postcards, celebration cards, Photographs, Graphic reproductions, Calendars, book marks
Retail souvenir store services in relation to the sale of the following goods: Book jackets, bags for packing, Toys, Mascot dolls, Games, Jigsaw puzzles, Jigsaw puzzles, action figures, Playing cards, Balloons, Sporting articles, smartphone cases, Credit cardcases, Eyeglass cases, eyeglass lanyards, pocket wallets, Tote bags, Backpacks, Umbrellas,, Souvenir plates, Commemorative medals, fobs, key lings, Cases for keys, Belts for wear, USB memory sticks, computer mouse pads
Retail souvenir store services in relation to the sale of the following goods: Goods for household use, In glass, Of porcelain, Earthenware, Containers for household or kitchen use, dishware In glass, Of porcelain and Earthenware, Mugs, Beakers, Cups, Coasters of cardboard, Table cloths Of paper and Not of paper, Table runners, Napkins, Wipes and cloths of textile, Decorations for Christmas trees, Ornamental badges, Trimmings for clothing, Decorations of cardboard for foodstuffs, Paper pennants.
The mark was filed in class 41 with following description of goods:
Training
Practical training [demonstration]
Publication of instructional literature
Organising of education exhibitions
Entertainment services
Arranging of demonstrations for entertainment purposes
Arranging of demonstrations for educational purposes
Arranging of demonstrations for cultural purposes
Organisation of guided educational tours
Publication of printed matter and printed publications
Providing on-line publications
Lending library services
Photography
Providing online videos, not downloadable
Providing online images, not downloadable
Providing online comic books, not downloadable
Provision of audio and visual media via communications networks
Creation [writing] of podcasts
Conducting courses, seminars and workshops
Writing services for blogs
Arranging of presentations for educational purposes
Arranging of presentations for entertainment purposes
Arranging of demonstrations for training purposes
Organising of educational lectures
Providing museum facilities [presentation, exhibitions]
Provision of rooms for entertainment
Museum facilities (Provision of -) for presentations
Provision of leisure facilities
Providing facilities for movies, shows, plays, music or educational training
Arranging of contests
Arranging and conducting of conferences, congresses and symposiums
Organisation of training
Play schemes [entertainment/education]
Provision of play facilities for children
Museum exhibitions
Arranging of displays for training purposes
Organization of exhibitions for cultural or educational purposes
Leisure services
Education information
Entertainment information.
The mark was filed in class 43 with following description of goods:
Preparation and provision of food and drink for immediate consumption
Providing conference rooms
Provision of conference, exhibition and meeting facilities
Providing banquet and social function facilities for special occasions
Rental of conference rooms
Room rental for exhibitions
Rental of meeting rooms
Rental of rooms for social functions
Café services
Chocolate cafes
Teahouse services
Services for the preparation of food and drink
Bar and restaurant services
Café services
Food and drink catering
Providing premises and apparatus for conducting of events