The trademark Monte Castello Professional was filed by MARKANT Services International GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 13, 2016, and received one opposition filed on February 13, 2017 by A. Gabel Vertriebs GmbH on Likelihood of confusion. the opponent was represented by EISENFÜHR SPEISER PATENTANWÄLTE RECHTSANWÄLTE PARTGMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 13, 2017
It was designated 'Basic Application' for International Application 1364627 at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on August 30, 2017. International trade mark of the trademark registration was recorded on September 7, 2017. Change of name and professional address of the trademark registration was recorded on September 12, 2017.
Goods And Services
The mark was filed in class 29 with following description of goods:
Fish, seafood and molluscs
Meat
Processed fruits, fungi and vegetables (including nuts and pulses)
Birds eggs and egg products
Oils and fats
Fish and seafood spreads
Meat spreads
Jellies, jams, compotes, fruit and vegetable spreads
Pre-packaged dinners consisting primarily of seafood
Antipasto salads
Stewed apples
Eggplant paste
Casseroles [food]
Shepherd's pie
Banana chips
Organic nut and seed-based snack bars
Bisques
Stock
Ox bone based broth (seolleongtang)
Broth [soup]
Stock cubes
Caesar salad
Caponata
Chicharron
Chili con carne
Chop suey
Dahls
Chowder
Dolmas
Condensed tomatoes
Stews
Roast beef flavoured extract
Faggots [food]
Falafel
Cooked dish consisting primarily of chicken and ginseng (samgyetang)
Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae)
Cooked dish consisting primarily of rich soybean paste and tofu (cheonggukjang-jjigae)
Cooked dish consisting primarily of fermented vegetable, pork and tofu (kimchi-jjigae)
Cooked dish consisting primarily of stir-fried chicken and fermented hot pepper paste (dak-galbi)
Prepared meals made from meat [meat predominating]
Cooked dish consisting primarily of stired-fried beef and fermented soy sauce (Sogalbi)
Prepared meals made from poultry [poultry predominating]
Prepared meals containing [principally] eggs
Prepared dishes consisting principally of meat
Prepared meals containing [principally] chicken
Prepared meals containing [principally] bacon
Prepared meals consisting substantially of seafood
Prepared meals consisting principally of game
Instant soup
Fish in olive oil
Fish with chips
Steamed cakes of smashed fish and yam (hampen)
Fish stock
Fish crackers
Fish cakes
Fish jellies
Fish croquettes
Steamed or toasted cakes of fish paste (kamaboko)
Fish sausages
Beef bouillon
Broth concentrates
Meatballs
Prepared meat dishes
Fruit desserts
Fruit-based snack food
Chicken salad
Frozen french fries
Frozen pre-packaged entrees consisting primarily of seafood
Chile rellenos
Filled potato skins
Cooked meat dishes
Frozen cooked fish
Stock in the form of granules
Chilled meals made from fish
Fritters
Vegetable-based entrees
Bottled vegetables
Vegetable-based snack foods
Vegetable stock
Vegetable chips
Salted nuts
Gumbo
Scotch eggs
Corned beef hash
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Frozen prepared meals consisting principally of vegetables
Chicken croquettes
Chicken stock
Chicken balls
Legume salads
Soy-based snack foods
Meat boiled down in soy sauce (tsukudani meat)
Bombay mix
Instant stew
Instant miso soup
Vegetable soup preparations
Veal stock
Potato chips
Potato flakes
Potato-based gnocchi
Potato-based dumplings
Potato pancakes
Potato fritters
Mashed potato
Potato salad
Potato snacks
Radish cubed kimchi (kkakdugi)
Consommes
Mincemeat made from fruits
Stuffed cabbage rolls
Coconut shrimp
Canned pork and beans
Soups
Croquettes
Beef jerky
Bologna
Matzo ball soup
Mixes for making soup
Mixes for making broths
Sugar-coated fruits on a stick
Nut-based snack foods
Nut-based food bars
Spiced nuts
Nuts, prepared
Olives stuffed with red peppers
Olives stuffed with red peppers and almonds
Olives stuffed with almonds
Olives stuffed with pesto in sunflower oil
Omelets
Breaded and fried jalapeno peppers
Vegetable marrow paste
Pollen prepared as foodstuff
French fries
Quenelles
Rhubarb in syrup
Beef stew
Hash brown potatoes
Rosti [fried grated potato cakes]
Roast chestnuts
Roasted nuts
Meat-based snack foods
Tofu-based snacks
Snack foods based on vegetables
Snack foods based on legumes
Potato-based snack foods
Snack foods based on nuts
Soy chips
Soy burger patties
Puffed pork rind
Potato sticks
Canned soups
Extracts for soups
Soup concentrates
Soup pastes
Soup (Preparations for making -)
Soup powders
Soup cubes
Frozen appetizers consisting primarily of chicken
Frozen appetizers consisting primarily of seafood
Tofu
Tofu burger patties
Vegetable burgers
Vegetarian sausages
Clam juice
Hazelnuts, prepared
Prepared snails [escargot]
Stock [prepared]
Soya [prepared]
Edible birds' nests
Ready cooked meals consisting wholly or substantially wholly of meat
Ready cooked meals consisting wholly or substantially wholly of game
Ready cooked meals consisting wholly or substantially wholly of poultry
Pre-cooked miso soup
Pre-cooked soup
Pre-cooked curry stew
Pre-packaged dinners consisting primarily of game
Cooked meals consisting principally of fish
Chilled foods consisting predominately of fish
Prepared meals consisting primarily of meat substitutes
White pudding
Sausages in batter
Spicy beef broth (yukgaejang)
Yucca chips
Prepared salads
Preparations for making bouillon
Onion rings.
The mark was filed in class 30 with following description of goods:
Pastry and confectionery, chocolate and desserts
Ice cream
Coffee, teas and cocoa and substitutes therefor
Salts, seasonings, flavourings and condiments
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Bread
Pastries, cakes, tarts and biscuits (cookies)
Cereal bars and energy bars
Sweets (candy), candy bars and chewing gum
Savory sauces, chutneys and pastes
Cereals
Dried pasta, noodles and dumplings
Yeast and leavening agents
Doughs, batters, and mixes therefor
Breakfast cereals, porridge and grits
Flour
Rice
Syrups and treacles
Sweet glazes and fillings
Pineapple fritters
French toast
Flavoured popcorn
Snack food products consisting of cereal products
Snack food products made from potato flour
Snack foods prepared from maize
Snacks manufactured from muesli
Banana fritters
Baozi [stuffed buns]
Flaky pastry containing ham
Pretzels
Brioches
Bean jam buns
Frankfurter sandwiches
Buckwheat jelly (Memilmuk)
Burritos
Calzones
Chalupas
Chimichanga
Chinese steamed dumplings (shumai, cooked)
Grain-based chips
Crisps made of cereals
Chow mein
Chow mein [noodle-based dishes]
Crackers made of prepared cereals
Crackers flavoured with meat
Crackers flavoured with vegetables
Crackers flavoured with herbs
Crackers flavoured with spices
Crepes
Egg pies
Empanadas
Enchiladas
Chocolate-based ready-to-eat food bars
Fajitas
Rice-based prepared meals
Pastries consisting of vegetables and fish
Prepared meals in the form of pizzas
Pies containing meat
Meat pies
Meat pies (prepared)
Fresh pies
Fresh pizza
Fresh sausage rolls
Stir fried rice cake [topokki]
Egg rolls
Spring rolls
Prawn crackers
Fried corn
Chilled pizzas
Frozen pastry stuffed with meat
Frozen pastry stuffed with vegetables
Filled baguettes
Chinese stuffed dumplings (gyoza, cooked)
Filled bread rolls
Vegetable pies
Pellet-shaped rice crackers (arare)
Rice based dishes
Corn kernels being toasted
Toasted sandwiches
Chips [cereal products]
Cereal-based snack food
Gimbap [Korean rice dish]
Mincemeat pies
Flapjacks
Hamburgers being cooked and contained in a bread roll
Hamburgers contained in bread rolls
Hot sausage and ketchup in cut open bread rolls
Millet cakes
Hot dog sandwiches
Snack food products made from cereal flour
Snack food products made from rice flour
Snack food products made from soya flour
Snack foods made from corn
Snack foods made from corn and in the form of puffs
Snack foods made from corn and in the form of rings
Puffed corn snacks
Jiaozi [stuffed dumplings]
Canapes
Caramel coated popcorn with candied nuts
Kimchi pancakes (kimchijeon)
Sticky rice cakes (Chapsalttock)
Shrimp dumplings
Preserved pizzas
Korean-style pasta soup [sujebi]
Glutinous pounded rice cake coated with bean powder (injeolmi)
Pumpkin porridge (Hobak-juk)
Seaweed flavoured corn chips
Maize, roasted
Corn chips
Vegetable flavoured corn chips
Microwave popcorn
Sandwiches containing fish fillet
Sandwiches containing meat
Steamed buns stuffed with minced meat (niku-manjuh)
Caramel coated popcorn
Mung bean pancakes (bindaetteok)
Nachos
Okonomiyaki [Japanese savory pancakes]
Pasta dishes
Pastries consisting of vegetables and meat
Pastries consisting of vegetables and poultry
Pies
Pies containing fish
Pies containing poultry
Pies containing vegetables
Pies containing game
Pies [sweet or savoury]
Stir-fried rice
Pancakes
Green onion pancake [pajeon]
Prepared savory foodstuffs made from potato flour
Pizza crust
Savory pastries
Pizza bases
Prepared pizza meals
Pizza
Pizzas (prepared)
Candy coated popcorn
Pot pies
Popcorn
Quesadillas
Quiches
Ramen [Japanese noodle-based dish]
Bibimbap [rice mixed with vegetables and beef]
Rice crisps
Prepared rice dishes
Rice dumplings
Rice dumplings dressed with sweet bean jam (ankoro)
Rice crackers
Rice cakes
Rice biscuits
Rice salad
Rice-based snack food
Risotto
Salted tarts
Samosas
Sandwiches
Sandwiches containing fish
Sandwiches containing chicken
Sandwiches containing minced beef
Sandwiches containing salad
Pork pies
Rice crackers [senbei]
Sesame snacks
Snack foods made from wheat
Snack food products made from cereal starch
Snack food products made from maize flour
Snack food products made from rusk flour
Snack foods made of whole wheat
Extruded wheat snacks
Crumble
Sushi
Sweet rice with nuts and jujubes (yaksik)
Tabbouleh
Taco chips
Tacos
Tamales
Frozen pizzas
Frozen pastry stuffed with meat and vegetables
Tortilla snacks
Tortilla chips
Tortillas
Korean traditional rice cake [injeolmi]
Dry and liquid ready-to-serve meals, mainly consisting of rice
Dried prepared meals consisting mainly of pasta
Uncooked pizzas
Processed unpopped popcorn
Boxed lunches consisting of rice, with added meat, fish or vegetables
Hot dogs (prepared)
Ready to eat savory snack foods made from maize meal formed by extrusion
Pre-baked pizzas crusts
Prepared meals containing [principally] rice
Snack foods consisting principally of bread
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Snack foods consisting principally of extruded cereals
Meals consisting primarily of rice
Wonton chips
Wontons
Soft pretzels
Wholewheat crisps
Poultry and game meat pies
Wrap [sandwich]
Sausage rolls
Prepared foodstuffs in the form of sauces
Onion biscuits.
The mark was filed in class 32 with following description of goods: