The trademark was filed by Norma Lebensmittelfilialbetrieb Stiftung & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 8, 2007, and received one opposition filed on July 8, 2007 by Compagnie Gervais Danone on Likelihood of confusion. the opponent was represented by REGIMBEAU and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 8, 2007
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on August 2, 2016.
Change of name and address of the trademark registration was recorded on March 14, 2012. Change of name and address of the trademark registration was recorded on April 2, 2012. A transfer of the trademark registration was recorded on May 20, 2012. Change of name and address of the trademark registration was recorded on September 11, 2012. Change of name and professional address of the trademark registration was recorded on December 10, 2014. Change of name and professional address of the trademark registration was recorded on November 15, 2015.
The Opposition with reference B 001185362 was rejected according to Article 8(1)(b) CTMR with decision issued on December 15, 2010 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietetic substances adapted for medical use and/or for children and invalids (including dietetic foodstuffs)
Dietetic foodstuffs for medical purposes, in particular dietetic bakery products, dietetic confectionery, dietetic preserved fruits and fruit jams, dietetic jams, chocolate, pralines and sweets and confectionery for diabetics
Food supplements for medical purposes, namely preparations to supplement daily requirements of essential nutrients, in particular vitamins, vitamin preparations, minerals, trace elements, fatty acids and brewer's yeast, roughage, bulk-forming agents, also in the form of tablets, emulsions, capsules, dragees, powders, granules, bars and fibrous cores
Food supplements and dietetic substances, not adapted for medical use, with a base of proteins, fats, fatty acids, with added vitamins, minerals, trace elements, either singly or in combination
Food supplements and dietetic substances, not adapted for medical use, with a base of carbohydrates, roughage, with added vitamins, minerals, trace elements, either singly or in combination
Medical, pharmaceutical and sanitary preparations
Food for babies
Plasters, materials for dressings
Disinfectants
Preparations for destroying vermin
Moth paper
Fungicides, herbicides
Deodorising room sprays
Products of paper and/or cellulose (included in class 5), in particular hygienic bandages, sanitary napkins, tampons, panty liners, incontinence napkins, sanitary pants.
The mark was filed in class 29 with following description of goods:
Meat, sausage, fish (including processed shellfish, crustaceans and molluscs), poultry and game
Meat, sausage, poultry, game and fish products
Meat extracts
Fruit, vegetables, herbs and potatoes in preserved, dried, cooked, frozen or processed form, including peanut kernels, nuts, almonds and cashew nut kernels, including being snacks
Potato products, namely fried, boiled, deep-fried or pre-cooked potatoes, French fries, potato croquettes, potato fritters, potato dumplings, fried potatoes
Sweet and/or savoury snacks, mainly consisting of dried fruits, nuts, potato products, peanut kernels, almonds and cashew nut kernels
Meat, sausage, fish, fruit and vegetable jellies
Marmalades and jams
Eggs
Milk, in particular buttermilk, sour milk, curds, milk preserves and condensed milk
Milk products, butter, clarified butter, cheese, in particular quark, cheese preserves, kefir, cream, yoghurt (including yoghurt with added fruit), powdered milk for food
Desserts, mainly of milk, yoghurt, quark, gelatine and/or cream
Non-alcoholic milk and mixed milk drinks, including with added cocoa, chocolate or coffee
Edible oils and fats, including margarine and lard
Spreads, mainly consisting of milk and/or fats, edible fats and edible fat mixtures
Cooking oils, cooking fats, separating oils and separating fats for cooking
Meat, sausage, fish, fruit and vegetable preserves
Delicatessen salads and frozen food, mixed, semi-prepared (including fillings) and prepared meals, including preserved meals, all mainly consisting of meat, sausage, fish, poultry, game, prepared fruits and vegetables, pulses, cheese, eggs, potatoes, corn and/or potato products
Mixed pickles
Bouillon extracts and other meat stock preparations, in particular meat stock granules
Instant soups, soup concentrates
Preparations for making soups, in particular meat and vegetable stock cubes.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa, sugar (including vanilla and vanillin sugar and glucose for food), rice, tapioca, sago, artificial coffee, coffee and tea extracts
Cocoa powder
Non-alcoholic coffee, tea, cocoa and chocolate-based beverages including instant drinks
Puddings, custard powder and blancmanges, desserts mainly consisting of starch
Flour and preparations made from cereals (except animal feed)
Popcorn, corn flakes (for food)
Cereals for human consumption, in particular oat flakes or other cereal flakes, in particular being breakfast foodstuffs, including the aforesaid goods mixed with dried fruits (including nuts), sugar and/or honey
Potato flour, semolina
Pasta, prepared pasta meals and pasta preserves
Delicatessen salads as well as frozen food, mixed, semi-prepared (including with fillings) and prepared meals, including preserved meals, mainly consisting of pasta, rice, farinacious foods and/or potato flour, including the aforesaid goods with added spices and sauces (including salad dressings) and/or combined with bread or bread rolls (including hamburgers or sandwiches)
Pies, namely meat pies, pies mainly filled with meat, fish, fruit or vegetables and empty pie cases
Long life cakes and pastries (including with sweet or spicy fillings), in particular crispbread, gingerbread and biscuits
Pizzas, including preserved pizzas
Chocolate
Confectionery, in particular chocolate products and pralines, including confectionery with a filling of fruit, coffee, non-alcoholic drinks, wine and/or spirits, and of milk or milk products, in particular yoghurt
Ices, including in the form of ice cream cakes and powder for edible ices
Confectionery, in particular sweetmeats (candy) and chewing gum, not for medical purposes
Yeast, baking powder, essences for baking (except essential oils)
Salt for food, mustard, pepper, vinegar, sauces (including salad dressings), powdered sauces and sauce extracts (including the aforesaid goods for salad dressings), salad dressings
Mayonnaise
Ketchup, spices and condiments
Condiments, in particular meat and vegetable stock cubes and soup seasonings, stock paste preparations, vegetable extracts being additives for foodstuffs and meat
Ice.
The mark was filed in class 31 with following description of goods:
Agricultural, horticultural and forestry products and grains not included in other classes
Live animals
Fresh fruits and vegetables
Seeds, including flower bulbs, natural plants and flowers
Foodstuffs for animals
Malt
Litter for animals.
The mark was filed in class 32 with following description of goods:
Beers
Mineral and aerated waters and other non-alcoholic drinks
Fruit drinks and fruit juices
Syrups and other preparations for making beverages.