The trademark application todo empanadas was filed by Possible Food Concepts UG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant") and Michael Möglich, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on October 16, 2018, and it was registered by office on January 23, 2019 without any oppositions.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 017882733 was partially rejected according to Article 7(1)(b) CTMR with decision issued on July 3, 2018 by the EUIPO.
Goods And Services
The mark was filed in class 30 with following description of goods:
Empanadas
Empanada dough
Pasta
Ready-made dishes containing pasta
Deep frozen pasta
Fresh pasta
Pasta containing stuffings
Prepared pasta
Pasta sauce
Pasta preserves
Pasta-based prepared meals
Snack foods consisting principally of pasta
Meals consisting primarily of pasta
Frozen pastry stuffed with vegetables
Frozen pastry stuffed with meat
Pâtés en croûte
Vol-au-vent cases
Fresh pies
Pies containing meat
Pies containing fish
Pies containing vegetables
Pies
Pies [sweet or savoury]
Pastries consisting of vegetables and meat
Pastry shells
Dumpling skins
Prepared meals containing [principally] pasta
Wraps [sandwich]
Sandwich wraps [bread]
Sandwiches
Filled bread rolls
Snack foods made from wheat
Snack foods made from corn
Cereal-based snack food
Snack food products made from cereal flour
Snack foods made from corn and in the form of puffs
Preparations for making bakery products.
The mark was filed in class 43 with following description of goods:
Snack-bar services
Take-away food services
Restaurant services
Spanish restaurant services
Restaurant services provided by hotels
Bar and restaurant services
Mobile restaurant services
Take-out restaurant services
Making reservations and bookings for restaurants and meals
Fast-food restaurant services
Providing food and drink for guests in restaurants
Restaurant services incorporating licensed bar facilities
Providing food and drink in restaurants and bars
Serving food and drink for guests in restaurants
Serving food and drink in restaurants and bars
Pubs
Food and drink catering
Mobile catering services
Business catering services
Catering services for providing Spanish cuisine
Food and drink catering for institutions
Providing food and drink catering services for exhibition facilities
Food and drink catering for banquets
Providing food and drink catering services for convention facilities
Providing food and drink catering services for fair and exhibition facilities
Services for providing food and drink
Club services for the provision of food and drink
Café services
Cafeteria services
Canteen services
Night club services [provision of food]
Self-service restaurant services
Serving food and drink for guests
Providing food and drink for guests
Hotel restaurant services
Serving food and drinks
Takeaway services
Take-away fast food services
Take-away food and drink services
Food preparation services
Preparation of meals
Services for the preparation of food and drink
Preparation of Spanish food for immediate consumption
Food preparation for others on an outsourcing basis
Provision of information relating to the preparation of food and drink
Preparation and provision of food and drink for immediate consumption.