The trademark THE RED MILL was filed by RM Vermögensverwaltungs GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 3, 2023, and received one opposition filed on November 2, 2023 by William Connolly & Sons on Likelihood of confusion. the opponent was represented by MURGITROYD & COMPANY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 2, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Organic substances for use in the manufacturing of food
Probiotic bacterial cultures for the food industry
Proteins for the manufacturing of food
Soybean-derived protein [raw material] for the manufacturing of food
Pea-derived protein [raw material] for the manufacturing of food
Legume- and other protein-rich plant-derived protein [raw material] for the manufacturing of food
Egg-derived protein [raw material] for the manufacturing of food
Soy proteins
Soy protein concentrates
None of the aforegoing being for use in foodstuffs for animals.
The mark was filed in class 16 with following description of goods:
Printed matter
Packaging and packing materials, as far as included in this class
None of the aforegoing being in relation to foodstuffs for animals.
The mark was filed in class 29 with following description of goods:
Meat and meat products
Meat products primarily consisting of meat
Briskets
Goulash
Seasoned barbecued meat
Spare ribs
Spreadable sausage
Tea sausage
Liver sausage
Raw minced meat
Minced meat sausage
Cold cuts
Thinly sliced cold cuts
Sausage
Frankfurters
Meat sausage
Chasseur sausage
Beer ham
Ham sausage
Mortadella
Lyoner
Ham
Cooked ham
Raw ham
Meatballs
Chicken breast fillet
Meat salad
Meat delicacies
Salami
Cold meats
Bratwurst
Hot dogs
Minced meat
Burger patties
Cevapcici
Poultry
Chicken nuggets
Schnitzel
Cordon bleu
Cutlets
Steaks of meat
Veal fillet
Fish fillet
Ready meals, consisting mainly of vegetables and/or eggs and/or meat products, as far as included in this class
Convenience food and savory snacks based on meat, vegetables, milk, tofu, seaweed and/or meat substitutes
Sausage snacks
Salami snacks
Knacker sausage
Bierbeisser
Sticks of sausages
Soups
Meat substitutes
Vegetarian and/or vegan meat substitutes
Vegetarian and/or vegan fish substitutes
Vegetarian and/or vegan briskets
Vegetarian and/or vegan goulash
Vegetarian and/or vegan seasoned barbecued meat
Vegetarian and/or vegan spare ribs
Vegetarian and/or vegan spreadable sausage
Vegetarian and/or vegan tea sausage
Vegetarian and/or vegan liver sausage
Vegetarian and/or vegan spread based on vegetables
Vegetarian and/or vegan raw minced meat
Vegetarian and/or vegan minced meat sausage
Vegetarian and/or vegan cold cuts
Vegetarian and/or vegan thinly sliced cold cuts
Vegetarian and/or vegan sausage
Vegetarian and/or vegan frankfurters
Vegetarian and/or vegan meat sausage
Vegetarian and/or vegan chasseur sausage
Vegetarian and/or vegan beer ham
Vegetarian and/or vegan ham sausage
Vegetarian and/or vegan mortadella
Vegetarian and/or vegan lyoner
Vegetarian and/or vegan ham
Vegetarian and/or vegan cooked ham
Vegetarian and/or vegan raw ham
Vegetarian and/or vegan meatballs
Vegetarian and/or vegan meat salad
Vegetarian and/or vegan delicacies
Vegetarian and/or vegan salami
Vegetarian and/or vegan cold meats
Vegetarian and/or vegan bratwurst
Vegetarian and/or vegan hot dogs
Vegetarian and/or vegan minced meat
Vegetarian and/or vegan burger patties
Vegetarian and/or vegan cevapcici
Vegetarian and/or vegan chicken breast fillets made of chicken substitutes
Vegetarian and/or vegan veal fillet made of veal substitutes
Vegetarian and/or vegan fish fillet made of fish substitutes
All of the foregoing, in each case also made from organically produced raw materials
Dairy products and their substitutes
Proteins for edible purposes
Natural or artificial sausage skins
Formed textured vegetable proteins for use as meat substitutes
Alginates for food
Seaweed extract for food
Meat substitutes based on algae extracts
Meat substitutes based on soya, peas, lupins, cereals and/or eggs
Meat substitutes made from fermented plant based proteins
Mushroom-based meat alternative.
The mark was filed in class 30 with following description of goods:
Prepared meals and savory snacks based on cereals and/or corn
Sandwiches
Bread wraps
Dumplings
Bagels
Pizza
Snacks based on cereal products, consisting essentially of bread, roll or dough with fillings and/or toppings, consisting essentially of meat products and/or vegetarian and/or vegan meat substitutes, the aforesaid meals, as far as included in this class
All the aforesaid goods in each case also made from organically produced raw materials.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Collection, systematization, compilation and analysis of business data and information stored in computer databases
Retail services, including via the Internet and other communication networks, with respect to organic substances for use in the manufacturing of food, probiotic bacterial cultures for the food industry, proteins for the manufacturing of food, soybean-derived protein [raw material] for the manufacturing of food, pea-derived protein [raw material] for the manufacturing of food, legume- and other protein-rich plant-derived protein [raw material] for the manufacturing of food, egg-derived protein [raw material] for the manufacturing of food, soy proteins, soy protein concentrates, Printed matter, packaging and packing materials, Meat and meat products, meat products primarily consisting of meat
Briskets
Goulash
Seasoned barbecued meat
Spare ribs
Spreadable sausage
Tea sausage
Liver sausage
Raw minced meat
Minced meat sausage, cold cuts, thinly sliced cold cuts, sausage, frankfurters, meat sausage, chasseur sausage, beer ham, ham sausage, mortadella, lyoner, ham, cooked ham, raw ham, meatballs, chicken breast fillet, meat salad, meat delicacies, salami, cold meats, bratwurst, hot dogs, minced meat, burger patties, cevapcici, poultry, chicken nuggets, schnitzel, cordon bleu, cutlets, steaks of meat, veal fillet, fish fillet, ready meals, consisting mainly of vegetables and/or eggs and/or meat products, convenience food and savory snacks based on meat, vegetables, milk, tofu, seaweed and/or meat substitutes, sausage snacks, salami snacks, knacker sausage, bierbeisser, sticks of sausages, soups, meat substitutes, vegetarian and/or vegan meat substitutes, vegetarian and/or vegan fish substitutes, vegetarian and/or vegan briskets, vegetarian and/or vegan goulash, vegetarian and/or vegan seasoned barbecued meat, vegetarian and/or vegan spare ribs, vegetarian and/or vegan spreadable sausage, vegetarian and/or vegan tea sausage, vegetarian and/or vegan liver sausage, vegetarian and/or vegan spread based on vegetables, vegetarian and/or vegan raw minced meat, vegetarian and/or vegan minced meat sausage, vegetarian and/or vegan cold cuts, vegetarian and/or vegan thinly sliced cold cuts, vegetarian and/or vegan sausage, vegetarian and/or vegan frankfurters, vegetarian and/or vegan meat sausage, vegetarian and/or vegan chasseur sausage, vegetarian and/or vegan beer ham, vegetarian and/or vegan ham sausage, vegetarian and/or vegan mortadella, vegetarian and/or vegan lyoner, vegetarian and/or vegan ham, vegetarian and/or vegan cooked ham, vegetarian and/or vegan raw ham, vegetarian and/or vegan meatballs, vegetarian and/or vegan meat salad, vegetarian and/or vegan delicacies, vegetarian and/or vegan salami, vegetarian and/or vegan cold meats, vegetarian and/or vegan bratwurst, vegetarian and/or vegan hot dogs, vegetarian and/or vegan minced meat, vegetarian and/or vegan burger patties, vegetarian and/or vegan cevapcici, vegetarian and/or vegan chicken breast fillets made of chicken substitutes, vegetarian and/or vegan veal fillet made of veal substitutes, vegetarian and/or vegan fish fillet made of fish substitutes, vegetarian and/or vegan nuggets, Chicken style cuts made of meat substitutes, vegetarian and/or vegan schnitzel, vegetarian and/or vegan cordon bleu, vegetarian and/or vegan cutlets [sliced meat substitutes], vegetarian and/or vegan steak of meat substitutes, vegetarian and/or vegan potato fritters, vegetarian and/or vegan fritters made of chicken substitutes, fish/meat substitutes as vegetarian and/or vegan barbecue, vegetarian and/or vegan ready meals made from meat/fish substitutes and/or vegetables, vegetarian and/or vegan convenience food and savory snacks of fish and/or meat substitutes and/or vegetables, vegetarian and/or vegan sausage snacks, vegetarian and/or vegan salami snacks, vegetarian and/or vegan knacker sausages, vegetarian and/or vegan bierbeisser, fish/meat substitutes in form of vegetarian and/or vegan sticks, vegetarian and/or vegan vegetable snacks, vegetarian and/or vegan ready-to-eat vegetable dishes, vegetarian and/or vegan soups, cultured meat, cellular cultured meat, laboratory-produced meat, insect-based meat substitutes, vegetarian and/or vegan egg substitutes, vegetarian and/or vegan milk substitutes, vegetarian and/or vegan cheese substitutes, vegetarian and/or vegan gyros, vegetarian and/or vegan kebab meat, vegetarian and/or vegan jerky, all of the foregoing, in each case also made from organically produced raw materials, Dairy products and their substitutes, Proteins for edible purposes, Natural or artificial sausage skins, Formed textured vegetable proteins for use as meat substitutes, alginates for food, seaweed extract for food, Meat substitutes based on algae extracts, meat substitutes based on soya, peas, lupins, cereals and/or eggs, meat substitutes made from fermented plant based proteins, Mushroom-based meat alternative, Prepared meals and savory snacks based on cereals and/or corn, sandwiches, bread wraps, dumplings, bagels, pizza, snacks based on cereal products, consisting essentially of bread, roll or dough with fillings and/or toppings, consisting essentially of meat products and/or vegetarian and/or vegan meat substitutes, all the aforesaid goods in each case also made from organically produced raw materials
But none of the aforegoing services being in the field of animal foodstuffs.
The mark was filed in class 36 with following description of goods:
Insurance
Finance services
Money transactions
Real estate affairs.
The mark was filed in class 39 with Transportation and delivery of goods and none being in nature of foodstuffs for animals..
The mark was filed in class 43 with Catering for guests, catering.