Beyond Meat, Inc., a company that makes plant-based meat substitute food products, opposed a trademark proposed by applicant Halal EB LLC arguing that its similarity to Beyond Meat’s own marks will cause confusion. The opposer further claimed that proposed mark, “BEYOND WINGS,” will likely be affiliated with its vegan and vegetarian products, which Beyond Meat has allegedly “invested considerable resources in advertising and promot(ing).”
The notice of opposition, filed Oct. 2, stated that Halal is a New York company and Beyond Meat is a California-based, Delaware-incorporated entity. It explained that the opposition is timely due to an extension sought by Beyond Meat and granted by the U.S. Patent and Trademark Office’s Trademark Trial and Appeal Board. Halal’s application was initially published in April’s official gazette, the filing stated.
Beyond Meat alleged that Halal seeks to use the proposed BEYOND WINGS trademark in connection with restaurant services including catering, sit-down, take-out, and delivery services. Beyond Meat explained that it has used its family of marks, BEYOND MEAT, BEYOND CHICKEN, BEYOND BEEF, BEYOND SAUSAGE, BEYOND BURGER, THE BEYOND BURGER, BEYOND FRIED CHICKEN, BEYOND BREAKFAST SAUSAGE, GO BEYOND and THE FUTURE OF PROTEIN BEYOND MEAT and accompanying designs, “in interstate commerce in connection with meat substitutes, vegan and vegetarian meat products and plant-based meat substitutes, since at least as early as May 2012.”
Beyond Meat argued that it will suffer harm because the proposed mark will be used in connection with services that are related to the goods it sells. It further claimed that the mark itself, audibly and visually, resembles its own family of marks. As such, it is likely to be associated with Beyond Meat’s products by trade channels and consumers, the filing contended. Finally, it claimed that any fault with Halal’s BEYOND WINGS services “would be likely to reflect upon and seriously injure the reputation that Opposer has established for the high-quality goods expected by consumers and offered under its BEYOND MEAT mark and the BEYOND family of marks.”
Accordingly, Beyond Meat asked the board to sustain its objection and refuse Halal’s application for registration.
Beyond Meat is represented by Orrick, Herrington & Sutcliffe LLP.
