OPPOSITION No B 2 557 687

ABO Holding Zrt. (private limited company by shares), Nyíregyháza, Simai u. 6., 4400, Hungary (opponent), represented by Zsolt Salamon, ABO Holding Zrt. (private limited company by shares), Nyiregyhaza, Napfeny u. 41., 4400, Hungary (employee representative)

a g a i n s t

SC Atifco Fine Food SRL, Soseaua de Centura Nr. 2-8, 77025 Bragadiru, Romania (applicant).

On 04/08/2016, the Opposition Division takes the following

DECISION:

1. Opposition No B 2 557 687 is partially upheld, namely for the following contested goods and services:

Class 30: Processed grains, starches, and goods made thereof, baking preparations and yeasts; Cereals; Flour; Adlay flour for food; Barley flour [for food]; Barley meal; Bean meal; Buckwheat flour [for food]; Cake flour; Cereal flour; Cereal powders; Chinese batter flour; Corn flour; Corn flour [for food]; Corn, milled; Crushed barley; Deproteinised flour for use in the production of beer; Dough flour; Enriched farina [meal]; Farina [meal]; Farinaceous food pastes for human consumption; Flour based chips; Flour based savory snacks; Flour concentrate for food; Flour for doughnuts; Flour for making dumplings of glutinous rice; Flour mixes; Flour of millet; Flour of oats; Flour of rice; Flour ready for baking; Groats for human food; Kasha [meal]; Mixed flour for food; Mustard meal; Nut flours; Oilseed flour for food; Pizza flour; Potato flour; Pulse flour for food; Rice starch flour; Rye flour; Semolina; Soya flour; Soya flour for food; Sweet potato starch for food; Tapioca flour; Unsorted wheatflour; Vegetable flour; Wheat flour; Wheat flour [for food]; Wheat starch flour; Barley flakes; Barley prepared for human consumption; Bran preparations for human consumption; Bread improvers being cereal based preparations; Cereal based foodstuffs for human consumption; Cereal seeds, processed; Cereals for use in making pasta; Cereals prepared for consumption by humans; Corn starch [for food]; Corn starch derivatives in powder form for making into drinks; Couscous [semolina]; Dried pieces of wheat gluten (fu, uncooked); Extruded food products made of maize; Extruded food products made of wheat; Extruded snacks containing maize; Flaked wheat; Foods produced from baked cereals; Foodstuffs made from cereals; Foodstuffs made from maize; Foodstuffs made from oats; Glazed popcorn; Gruel, with a milk base, for food; Husked barley; Maize (Processed -) for consumption by humans; Malted barley prepared for human consumption; Malted wheat; Modified corn starch; Oat-based food; Oatmeal; Oatmeal for human consumption; Oats for human consumption; Pearl barley [prepared]; Polenta; Popcorn; Pounded wheat; Processed corn; Processed oats; Processed oats for food for human consumption; Processed semolina; Processed teff; Processed wheat; Rolled oats and wheat; Rye full grain grist; Sago; Wheat germ; Wheat germ [other than a dietary supplement]; Wheat germ for human consumption; Whole wheat grains being cooked; Whole wheat grains being dried; Whole wheat grains being precooked; Whole wheat grains being preserved; Corn flakes; Red bean porridge (patjuk); Ready-to-eat cereals; Porridge oats; Muesli desserts; Muesli consisting predominantly of cereals; Muesli; Instant porridge; Hot breakfast cereals; Hominy; Food mixtures consisting of cereal flakes and dried fruits; Breakfast cereals made of rice; Breakfast cereals flavoured with honey; Breakfast cereals containing honey; Breakfast cereals containing fruit; Breakfast cereals containing fibre; Breakfast cereals containing a mixture of fruit and fibre; Breakfast cereals; Breakfast cereals, porridge and grits; Cereal-based snack food; Cereal snack foods flavoured with cheese; Corn, roasted; Flour of corn; Corn, milled; Cornmeal; Cornflour; Cornflakes; Flaked corn; Flakes (Corn -); Corn flour; Corn (Processed -); Corn (Pop -); Fried corn; Processed corn; Corn meal; Corn flakes; Kettle corn [popcorn]; Corn starch flour; Snack foods made from corn; Seaweed flavoured corn chips; Vegetable flavoured corn chips; Snack foods made from corn and in the form of puffs; Snack foods made from corn and in the form of rings.

Class 35: Retail services in relation to foodstuffs; Retail services in relation to baked goods; Retail services relating to food; Wholesale services in relation to foodstuffs.

2. European Union trade mark application No 13 959 821 is rejected for all the above goods and services. It may proceed for the remaining services.

3. Each party bears its own costs.

REASONS:

The opponent filed an opposition against all the goods and services of European Union trade mark application No 13 959 821, namely goods and services in Classes 30, 35 and 39. The opposition is based on Hungarian trade mark registration No 209 287 and Hungarian and Rumanian non-registered trade marks. The opponent invoked Article 8(1)(b) EUTMR and Article 8(5) EUTMR in relation to the Hungarian trade mark registration and Article 8(4) EUTMR in relation to the Hungarian and Rumanian non-registered trade marks.