The trademark application Zukunftsbauer was filed by PENNY Markt GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 11, 2023, and it was registered by office on October 18, 2023 without any oppositions.
The application was filed in German (English was selected as the second language).
Change of name and address of the trademark registration was recorded on December 2, 2021. Appointment and Replacement of representative of the trademark registration was recorded on September 15, 2022. Appointment and Replacement of representative of the trademark registration was recorded on July 6, 2023.
The Appeal with reference B R0794/2023-2 was No need to adjudicate according to Article 66 EUTMR with decision issued on June 25, 2023 by the EUIPO. The Refusal with reference B 018452699 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on February 12, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Food for babies
Dietary supplements for animals.
The mark was filed in class 29 with following description of goods:
Meat and meat products
Meat spreads
Fish, seafood and molluscs, not live
Fish, seafood and molluscs spreads
Dairy products and dairy substitutes
Cheese
Birds’ eggs and egg products
Edible oils and fats
Processed fruits, fungi, vegetables, nuts and pulses
Jellies, jams, compotes, fruit and vegetable spreads
Soups and stocks, meat extracts
Prepared insects and larvae
Sausage casings, natural or artificial
Prepared meals, Convenience foods and Savoury snacks, namely Prepared meals consisting principally of vegetables, Prepared dishes consisting principally of meat, Prepared meals consisting primarily of fish, Prepared meals consisting substantially of seafood, Prepared meals consisting primarily of meat substitutes and Prepared meals containing [principally] eggs
Desserts, namely based on milk, dairy products, fruit.
The mark was filed in class 30 with following description of goods:
Prepared meals and savoury snacks, in particular snacks based on corn, cereals, flour and sesame, biscuits and crackers, dumplings, pancakes, pasta, rice and cereal foodstuffs, pastes and farinaceous foods, sandwiches and pizzas, spring rolls and seaweed rolls, steamed buns, tortilla foodstuffs
Salts, seasonings, flavourings and condiments
Savory sauces, chutneys and pastes
Baked goods, confectionery, chocolate and desserts, namely With a base of sugar, cereals, dough, pastries and confectionery, chocolate, puddings
Bread
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Cereal bars and energy bars
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Syrups and treacles
Sweet glazes and fillings
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Dried and fresh pastas, noodles and dumplings
Cereals
Rice
Flour
Breakfast cereals, porridge and grits
Yeast and leavening agents
Doughs, batters, and mixes therefor.
The mark was filed in class 31 with following description of goods:
Live animals, organisms for breeding
Agricultural and aquacultural crops, horticulture and forestry products
Algae for human or animal consumption
Plants
Fresh fruit, nuts, vegetables and herbs
Malts and unprocessed cereals
Natural turf
Flowers
Seeds, bulbs and seedlings for plant breeding
Trees and forestry products
Plant residues (raw materials)
Fungi
Foodstuffs and fodder for animals
Bedding and litter for animals
Bait, not artificial.
The mark was filed in class 32 with following description of goods:
Beer and brewery products
Non-alcoholic beverages
Nut and soy based beverages
Flavoured carbonated beverages
Juices
Waters
Non-alcoholic preparations for making beverages.
The mark was filed in class 33 with following description of goods:
Preparations for making alcoholic beverages
Alcoholic beverages (except beer)
Spirits [beverages]
Wine
Cider
Pre-mixed alcoholic beverages.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling, in relation to the following goods: Foodstuffs, Alcoholic and non-alcoholic beverages, Food for babies, Nutritional supplements, Tobacco, Smokers' articles, Matches, Garden article, DIY articles, Camping articles, Toys, Articles of clothing, Luggage, Stationery, Pet goods, Foodstuffs for animals, Animal care products, toys for animals, Batteries, flowers, fixtures
Retailing and wholesaling, in relation to the following goods: Housewares, ie, Household or kitchen utensils and containers, Cutlery, Cups, glasses, Kitchen knives, Sponges, Brushes, articles for cleaning purposes, Glassware, porcelain and earthenware, storage trays of glass, Dispensers for soap, waste drums, Flower pots, Table porcelain, Trays, bowels, Beakers, Dusting cloths, Drinking glasses, bowls, Cake tins, home appliances, candelabras, Paper plates, Ironing boards, Plates, Pot holders, Bread baskets
Wholesaling and retailing in the field of chemists' articles, namely cosmetics, perfumery, essential oil dentifrices, washing, cleaning and bleaching preparations, soaps, bath and shower preparations, deodorants and antiperspirants for personal use
Wholesaling and retailing in the field of electric articles, namely household, bathroom or kitchen utensils and containers, cooking and heating apparatus, lighting apparatus
Wholesaling and Retail services, in relation to the following fields: Telecommunications, Especially, Mobile communication articles
Arranging contracts for telecommunications services of all kinds
Cost settlement for telephone cards
Negotiating contracts for others regarding the use of charge credit for mobile telephone cards (prepaid)
Procurement services for others, namely purchasing of telephone credit for prepaid cards for mobile telephones via mobile phone networks for other companies and negotiations of contracts regarding the use of telephone credit for prepaid cards for mobile telephones via mobile telephone networks.
The mark was filed in class 41 with following description of goods:
Sporting activities
Rental services relating to equipment and facilities for sports, Rental services, in relation to the following goods: implements, facilities, for cultural purposes
Library services and rental of media.
The mark was filed in class 43 with following description of goods: