The trademark PLANTAGEN EXPRESS 100% FRISCH was filed by Juan José Llombart Gavalda, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on December 21, 2020, and received one opposition filed on March 21, 2021 by Rausch Privat-Chocolatiers GmbH & Co. KG on Likelihood of confusion. the opponent was represented by Preu Bohlig & Partner Rechtsanwälte mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 21, 2021
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 7, 2021.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits, vegetables and pulses, other than cocoa seeds
Eggs
Milk, cheese, butter, yoghurt and other dairy products, other than products containing cocoa, chocolate, substitutes or derivatives thereof, and excluding chocolate flavoured products of any kind
Oils and fats for food.
The mark was filed in class 30 with following description of goods:
Coffee, tea and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, bakery products, Yeast, baking-powder
Salt, seasonings, spices, preserved herbs
Vinegar, sauces and other condiments, other than products containing cocoa, chocolate, substitutes or derivatives thereof, and excluding chocolate flavoured products of any kind.
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products, other than cocoa beans
Raw or unprocessed grains and seeds, other than cocoa beans
Fresh fruits, vegetables and pulses, other than cocoa beans
Fresh garden herbs, other than cocoa beans
Natural plants and flowers, other than cocoa beans
Bulbs, seedlings and seeds for planting, other than cocoa beans
Live animals
Foodstuffs and beverages for animals
Malt.
The mark was filed in class 33 with Alcoholic beverages (except beer), Other than cocoa- or chocolate-based and chocolate-flavoured beverages and Alcoholic preparations for making beverages, Other than cocoa- or chocolate-based and chocolate-flavoured beverages..
The mark was filed in class 35 with Sale in shops and via global computer networks of alcoholic beverages and foodstuffs, other than cocoa-based products and products containing cocoa, chocolate, substitutes or derivatives thereof, and excluding chocolate flavoured products of any kind.