The trademark J*ST FOOD was filed by Molkerei Alois Müller GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 16, 2024, and received one opposition filed on November 12, 2024 by LJUBLJANSKE MLEKARNE, mlekarska industrija, d.o.o. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Marn, Jure and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 12, 2024
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements in liquid, solid or powder form for humans and/or animals, not for medical or therapeutic use
Nutritional supplement food bars
Meal replacement and dietary supplemental drink mixtures
Food supplements consisting of vitamins, amino acids, minerals and/or trace elements
Food supplements not adapted for medical use, with a base of carbohydrates, roughage, with added vitamins, minerals, trace elements, either singly or in combination
Dietary supplements and dietetic preparations
Dietary supplements in powder form
Meal replacement powders.
The mark was filed in class 29 with following description of goods:
Non-alcoholic milk beverages and mixed-milk beverages (milk predominating)
Non-alcoholic milk beverages and mixed-milk beverages (milk predominating) containing caffeine
Milk shakes
Milkshakes of vegetable ingredients
Milkshakes made of milk substitutes
Beverages made predominantly of milk substitutes
Beverages based on milk replacement products, including fermented
Fermented goods of milk substitutes
Fat-containing mixtures for bread slices
Vegetable spreads
Spreads with a base of seeds or pulses, included with added cereals
Spreads of milk substitutes
Whey, namely Reverse-osmosis permeate
Cheese-based snack foods
Snacks with a base of vegan cheese
Cheese-based snacks with added dips and bread
Snack foods based on legumes
Snack foods based on vegetables
Nut-based snacks
Snacks consisting mainly of dried or preserved and/or otherwise prepared fruit
Fruit-based meal replacement bars
Fruit bars and slices
Snacks and snacks between meals consisting predominantly of processed nuts
Milk-based snacks
Sour milk products
Desserts based on milk substitutes
Artificial milk based desserts
Goods made substantially from milk substitutes
Snacks of milk substitutes
Flavoured milk substitutes
Cashew milk [beverages]
Spelt milk [beverages]
Beverages, namely, Peanut milk
Oat milk (beverage)
Hemp milk [beverages]
Hazelnut milk [beverages]
Coconut milk [beverage]
Macadamia milk [beverages]
Almond milk (beverage)
Rice milk (beverages)
Soya milk (beverage)
Dietetic food and dietary supplements, non for medical purposes, The aforesaid goods being based on proteins, fats, with added fatty acids and vitamins, minerals, trace elements, either singly or in combination, The aforesaid goods included in this class
Food supplements, not for medical purposes, The aforesaid goods being based on proteins or fats
Food supplements, not for medical purposes, The aforesaid goods being based on fruits and vegetables
White eggs, for human consumption.
The mark was filed in class 30 with following description of goods:
Cereal bars, Muesli bars, Rice bars, Cereal bars, Including the aforesaid goods with added nuts and/or dried fruits and/or milk goods and/or vegan milk goods and/or chocolate and/or vegan chocolate
Dietetic foodstuffs not for medical purposes, The aforementioned goods based on carbohydrates, fibre, with added vitamins, minerals, trace elements, either singly or in combination, All the aforesaid goods included in this class
Desserts based on nuts.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Non-alcoholic beverages with a low milk ferment content