The trademark GYODZILLA was filed by Zi jiang zhu, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 21, 2024, and received one opposition filed on September 26, 2024 by Toho Co. Ltd. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by STAEGER & SPERLING PARTG MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 26, 2024
The application was filed in Spanish, and Spanish 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:
Prepared meat dishes
Frozen cooked fish
Ready cooked meals consisting primarily of chicken
Cooked dish consisting primarily of stir-fried chicken and fermented hot pepper paste (dak-galbi)
Fish, tinned
Canned cooked meat
Cooked seafood
Vegetables, tinned
Cooked dish consisting primarily of fermented vegetable, pork and tofu (kimchi-jjigae)
Pre-cooked curry stew
Frozen pre-packaged entrees consisting primarily of seafood
Cooked meat dishes
Cooked chicken
Prepared meals made from fish substitutes
Pie fillings of meat
Croquettes
Yoghurt desserts
Fruit desserts
Chilled dairy desserts
Rhubarb in syrup
Soya patties
Soya [prepared]
Soya beans, preserved, for food
Tofu
Soybean oil
Soya milk
Fermented soybeans (natto)
Soya yoghurt
Soybean oil for cooking
Frozen fish
Frozen shellfish
Fish products being frozen
Frozen seafood
Frozen chicken
Frozen vegetables
Frozen spinach
Frozen eggs
Frozen appetizers consisting primarily of chicken
Aubergine paste
Vegetable marrow paste
Artichoke paste
Peanut paste
Spreads consisting of hazelnut paste
Noodle soup
Chop suey
Berry soup
Instant miso soup
Pre-cooked miso soup
Yakitori
Miso soup
Sashimi
Prepared meals consisting primarily of kebab
Tofu patties
Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae)
Fried tofu pieces (abura-age)
Beancurd sticks
Seasoned laver (Jaban-gim)
Freeze-dried tofu pieces (kohri-dofu).
The mark was filed in class 30 with following description of goods:
Chinese stuffed dumplings (gyoza, cooked)
Pasta-wrappings for gyoza
Rice dumplings
Baozi [stuffed buns]
Kimbap
Jiaozi [stuffed dumplings]
Pounded rice cakes (mochi)
Kimchi pancakes
Udon noodles [uncooked]
Laksa
Korean traditional rice cake [injeolmi]
Rice pudding
Filled bread rolls
Hamburgers contained in bread rolls
Udon noodles
Deep-fried dough sticks (Youtiao)
Noodles
Starch noodles
Egg noodles
Sandwiches
Dressings for salad
Macaroni salad
Sandwiches containing salad
Pasta salad
Salad cream
Sauces
Worcestershire sauce
Concentrated sauce
Spaghetti sauce
Sauces [condiments]
Sauce [edible]
Chocolate topping
Remoulade sauce
Shrimp sauce
Sweet and sour sauce
Teriyaki sauce
Canned sauces
Pepper sauces
Artichoke sauce
Peanut sauce
Spicy sauces
Hot sauce
Tomato ketchup
Hamburgers being cooked and contained in a bread roll
Frozen prepared rice with seasonings and vegetables
Frozen prepared rice with seasonings
Pâtés en croûte
Potstickers [dumplings]
Pies
Pot pies
Frozen pastry stuffed with vegetables
Frozen pastry stuffed with meat
Pastries consisting of vegetables and fish
Frozen pastry stuffed with meat and vegetables
Vegetable pies
Pastries consisting of vegetables and meat
Empanada dough
Empanadas
Fried dough cookies
Doughnuts
Tarts
Pumpkin pies
Cake frosting [icing]
Covered tarts
Apple tarts
Quiches
Blueberry pies
Ice-cream cakes
Iced cakes
Pastries, cakes, tarts and biscuits (cookies)
Tart shells
Chocolate desserts
Dessert souffles
Prepared desserts [pastries]
Prepared desserts [confectionery]
Custards [baked desserts]
Dessert mousses [confectionery]
Muesli desserts
Foodstuffs made of a sweetener for sweetening desserts
Ice cream desserts
Prepared desserts [chocolate based]
Rice-based pudding dessert
Foodstuffs made of sugar for sweetening desserts
Chocolate syrup
Flavouring syrups
Pancake syrup
Golden syrup
Topping syrup
Glutinous starch syrup (mizu-ame)
Agave syrup [natural sweetener]
Maple syrup
Corn candy
Corn syrup
Powdered starch syrup [for food]
Syrups and treacles
Table syrup
Glucose syrups for food
Syrup for food
Soya flour
Soya sauce
Soya flour for food
Soya bean paste [condiment]
Seasoned soy sauce (Chiyou)
Chilled pizzas
Prepared pizza meals
Frozen pastries
Confectionery in frozen form
Frozen pancakes
Frozen confectionery containing ice cream
Frozen lollipops
Frozen cakes
Deep frozen pasta
Pasta
Petits fours [cakes]
Prepared pasta
Chocolate pastes
Almond paste
Pasta preserves
Pasta containing stuffings
Vareniki [stuffed dumplings]
Vermicelli [noodles]
Instant noodles
Chocolate vermicelli
Asian noodles
Glass noodles
Rice sticks
Fried noodles
Starch vermicelli
Ramen noodles
Instant chinese noodles
Instant udon noodles
Wholemeal noodles
Soba noodles
Buckwheat noodles
Shrimp noodles
Chow mein
Steamed sponge cakes (fagao)
Wontons
Pad thai (Thai stir-fried noodles)
Chow mein noodles
Lo mein [noodles]
Chinese matrimony vine tea (Gugijacha)
Shao mai
Chow mein [noodle-based dishes]
Nan bread
Nachos
Flour of millet
Millet cakes
Ramen [Japanese noodle-based dish]
Sushi
Onigiri [rice balls]
Frozen pizzas
Wraps [sandwich]
Chicken wraps
Batter mixes for okonomiyaki [Japanese savoury pancakes]
Rice
Husked rice.
The mark was filed in class 43 with following description of goods:
Hotel restaurant services
Restaurant services
Washoku restaurant services
Bar and restaurant services
Serving food and drink in restaurants and bars
Sushi restaurant services
Restaurant services provided by hotels
Delicatessens [restaurants]
Self-service restaurant services
Japanese restaurant services
Providing reviews of restaurants and bars
Providing food and drink in restaurants and bars
Snack-bar services
Preparation of meals
Providing food and drink in Internet cafes
Catering for the provision of food and beverages
Catering services for the provision of food
Hospitality services [food and drink]
Providing of food and drink via a mobile truck
Food and drink catering
Providing food and drink in bistros
Serving food and drink in Internet cafes
Food and drink catering for institutions
Providing food and drink for guests in restaurants