The trademark DIE BIOKAISER was filed by Verein Bio-Modellregion Kitzbüheler Alpen, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on August 20, 2024, and received one opposition filed on September 17, 2024 by Landkäserei Reißler GmbH on Likelihood of confusion. the opponent was represented by CHARRIER RAPP & LIEBAU PATENTANWÄLTE PARTG MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 17, 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 29 with following description of goods:
Birds’ eggs and egg products
Processed fruits, fungi, vegetables, nuts and pulses
Soups and stocks, meat extracts
Edible oils and fats
Sausage skins and imitations thereof
Dairy products and dairy substitutes
Meat and meat products
Fresh poultry
Game, not live
Preserves of game
Fish, not live
Fish, seafood and molluscs, not live
Fish extracts
Meat extracts
Fruit, processed
Bottled fruits
Vegetables, cooked
Milk
Drinks based on yogurt
Jams
Fruit marmalade
Compotes
Jellies, jams, compotes, fruit and vegetable spreads
Eggs
Milk products
Oils for food.
The mark was filed in class 30 with following description of goods:
Ice creams, frozen yogurts, and sorbets
Coffee, teas and cocoa and substitutes therefor
Cooling ice
Salts, seasonings, flavourings and condiments
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Sugars, natural sweeteners, sweet coatings and fillings, bee products, and edible decorations
Preparations for making bakery products
Gluten-free bakery products
Chocolate fillings for bakery products
Bakery goods
Pies containing game
Dairy confectionery
Flour
Processed cereals
Foodstuffs made from cereals
Ready-to-eat cereals
Bread
Pastries
Edible ices
Sugar
Honey
Sugar, honey, treacle
Biological honey for human consumption
Spices.
The mark was filed in class 31 with following description of goods:
Foodstuffs and fodder for animals
Agricultural and aquacultural crops, horticulture and forestry products
Live animals, organisms for breeding
Bait, not artificial
Bedding and litter for animals
Live game
Fresh fruits and vegetables
Unprocessed vegetables
Unprocessed cereals
Raw and unprocessed horticultural products
Raw and unprocessed agricultural products
Raw agricultural products
Sowing seeds
Natural plants
Plants.
The mark was filed in class 32 with following description of goods: