EUTM file information

006672927

AMERICA

February 14, 2008

Trademark Summary

The trademark AMERICA 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 July 13, 2008, and received one opposition filed on October 13, 2008 by Struik Foods B.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by NOVAGRAAF NEDERLAND B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 13, 2008

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 December 21, 2017.

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 001412305 was rejected according to Article 8(1)(b) CTMR with decision issued on March 9, 2010 by the EUIPO.

Goods And Services

  • The mark was filed in class 3 with following description of goods:
    1. Bleaching preparations and other substances for laundry use, fabric conditioners and soaking preparations, brighteners and dye additives for laundry
    2. Laundry starch
    3. Laundry starch
    4. Stain removing preparations (included in class 3), stain removing salts, aftertreatment preparations for laundry, namely fabric conditioners and fabric softeners
    5. Cleaning, polishing, scouring, degreasing and abrasive preparations
    6. Rinsing and cleaning preparations for household use
    7. Cleaning preparations for wood, metals, glass, wallpaper, plastic, porcelain, earthware, enamel, textiles, windows
    8. Soaps
    9. Floor care preparations and floor cleaning preparations, cleaning pastes for carpets and textiles
    10. Preparations for cleaning buildings
    11. Fragrant air freshening sprays
    12. Essential oils, cosmetics, sun creams and lotions, toilet preparations (included in class 3), hair lotions, hair care preparations
    13. Deodorants for personal use
    14. Dentifrices
    15. Products of paper and/or cellulose (included in class 3), namely cosmetic wipes, cotton wool, cotton sticks, cotton wool pads.
  • The mark was filed in class 5 with following description of goods:
    1. Dietetic substances adapted for medical use and/or for children and invalids (including dietetic foodstuffs)
    2. 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
    3. 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
    4. Food supplements not adapted for medical use, with a base of proteins, fats, fatty acids, with added vitamins, minerals, trace elements, either singly or in combination
    5. Food supplements not adapted for medical use, with a base of carbohydrates, roughage, with added vitamins, minerals, trace elements, either singly or in combination
    6. Medical, pharmaceutical and sanitary preparations
    7. Food for babies
    8. Plasters, materials for dressings
    9. Disinfectants
    10. Preparations for destroying vermin
    11. Moth paper
    12. Fungicides, herbicides
    13. Deodorising room sprays
    14. Products of paper and/or cellulose (included in class 5), namely hygienic bandages, sanitary napkins, tampons, panty liners, incontinence napkins, sanitary pants
    15. Plasters for cosmetic purposes.
  • The mark was filed in class 29 with following description of goods:
    1. Meat, sausage, fish (including processed shellfish, crustaceans and molluscs), poultry and game
    2. Meat, sausage, poultry, game and fish products
    3. Meat extracts
    4. Fruit, vegetables and potatoes in preserved, dried, cooked, frozen or processed form, including peanut kernels, nuts, almonds and cashew nut kernels, including being snacks
    5. Potato products, namely fried, boiled, deep-fried or pre-cooked potatoes, French fries, potato croquettes, potato fritters, potato dumplings, fried potatoes
    6. Sweet and/or savoury snacks, mainly consisting of dried fruits, nuts, potato products, peanut kernels, almonds and cashew nut kernels
    7. Meat, sausage, fish, fruit and vegetable jellies
    8. Marmalades and jams
    9. Eggs
    10. Milk, in particular buttermilk, sour milk, curds, milk preserves and condensed milk
    11. Milk products, butter, clarified butter, cheese, in particular quark, cheese preserves, kefir, cream, yoghurt (including yoghurt with added fruit), powdered milk for food
    12. Desserts, mainly of milk, yoghurt, quark, gelatine and/or cream
    13. Non-alcoholic milk and mixed milk drinks, including with added cocoa, chocolate or coffee
    14. Edible oils and fats, including margarine and lard
    15. Spreads, mainly consisting of milk and/or fats, edible fats and edible fat mixtures
    16. Cooking oils, cooking fats, separating oils and separating fats for cooking
    17. Meat, sausage, fish, fruit and vegetable preserves
    18. 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
    19. Mixed pickles
    20. Bouillon extracts and other meat stock preparations, in particular meat stock granules
    21. Instant soups, soup concentrates
    22. Soup preparations, in particular meat and vegetable stock cubes, stock paste preparations, vegetable extracts being additives for foodstuffs and meat.
  • The mark was filed in class 30 with following description of goods:
    1. Coffee, tea, cocoa, sugar (including vanillin and vanilla sugar and glucose for food), rice, tapioca, sago, artificial coffee, coffee and tea extracts
    2. Cocoa powder
    3. Non-alcoholic coffee, tea, cocoa and chocolate-based beverages including instant drinks
    4. Puddings, custard powder and blancmanges, desserts mainly consisting of starch
    5. Flour and preparations made from cereals (except animal feed)
    6. Popcorn, corn flakes (for food)
    7. 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
    8. Potato flour, semolina
    9. Pasta, prepared pasta meals and pasta preserves
    10. 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
    11. Pies, namely meat pies, pies mainly filled with meat, fish, fruit or vegetables and empty pie cases
    12. Bread, cookies, cakes and other pastries
    13. Sweet and/or savoury snacks mainly consisting of cereals, cocoa, cakes, chocolate, sugar, honey, potato flour and/or pastries
    14. Long life cakes and pastries (including with sweet or spicy fillings), in particular crispbread, gingerbread and biscuits
    15. Pizzas, including preserved pizzas
    16. Chocolate
    17. 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
    18. Ices, including in the form of ice cream cakes and powder for edible ices
    19. Confectionery, in particular sweetmeats (candy) and chewing gum, not for medical purposes
    20. Marzipan
    21. Honey, invert sugar cream, fruit syrup, treacle
    22. Spreadable cocoa mixtures, spreads, mainly consisting of sugar, cocoa and/or nougat
    23. Yeast, baking powder, essences for baking (except essential oils)
    24. Salt for food, mustard, pepper, vinegar, sauces (including salad dressings), powdered sauces and sauce extracts (including the aforesaid goods for salad dressings), salad dressings
    25. Mayonnaise
    26. Ketchup, spices and condiments
    27. Seasonings, soup condiments
    28. Ice
    29. Herbs in preserved, dried, cooked, frozen and prepared form.
  • The mark was filed in class 31 with following description of goods:
    1. Agricultural, horticultural and forestry products and grains, not included in other classes
    2. Live animals
    3. Fresh fruits and vegetables
    4. Seeds, including flower bulbs, natural plants and flowers
    5. Animal food
    6. Malt
    7. Litter for animals.
  • The mark was filed in class 32 with following description of goods:
    1. Beers
    2. Mineral and aerated waters and other non-alcoholic drinks
    3. Fruit drinks and fruit juices
    4. Syrups and other preparations for making beverages.
  • The mark was filed in class 33 with Alcoholic and non-alcoholic beverages (except beers).