The trademark POM'POTES was filed by MATERNE, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 22, 2016, and received one opposition filed on December 22, 2016 by The Wonderful Company LLC on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier non registered TM & right to prohibit use of later TM under national law. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 22, 2016
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Preserved, dried and cooked fruits and vegetables
Fruit and vegetable jellies
Jams
Compotes
Fruit salads
Milk
Milk products
Desserts made from milk or milk products
Milk beverages, milk predominating
Fat-containing mixtures for bread slices
Yoghurt
Cream [dairy products]
Artificial cream (dairy product substitutes)
Ice cream shakes
Custard style yoghurts
Fermented milk
Flavoured fermented milk.
The mark was filed in class 30 with following description of goods: