On Wednesday, the Trademark Trial and Appeal Board (TTAB) filed a decision sustaining Beyond Meat’s opposition to a trademark application for the phrase BEYOND MEAL. The applicant, Nissin Foods Holdings Co. Ltd., a Japanese company that produces Top Ramen and Cup Noodles, withdrew its application with prejudice on March 16, days after the expiration of a suspension in the case.
TTAB cited that it filed a decision regarding the matter because it did not have written consent from Beyond Meat for the abandonment filed by Nissin Foods, as required under Trademark Rule 2.135.
Beyond Meat’s opposition cited multiple trademarks it owns under international class 29 for meat substitutes. Nissin reportedly applied for its BEYOND MEAL trademark in the United States in June 2020 for use with snack foods, under international class 29, and various other foods including prepared meals and tamen under international class 30.
According to Beyond Meat’s Opposition, which was filed in December 2020, the applicant was planning to use the BEYOND MEAL trademark for “meat-based foods, snack foods, and other prepared meals,” along with other things. The opposer claimed that approval of the application would be detrimental to the goodwill that it has acquired through use of its BEYOND family of trademarks.
Nissin Foods is represented by Finnegan, Henderson, Farabow, Garrett & Dunner LLP. Beyond Meat is represented by Orrick, Herrington & Sutcliffe LLP.
Beyond Meat has been involved in multiple other matters before the TTAB this year in an effort to protect its BEYOND family of trademarks, for example, the company filed a petition attempting to cancel Beyond Cheese LTD’s registration of BEYOND CHEESE in January.
On March 23, an opposition to a Del Taco trademark filed by Beyond Meat was extended once again by the restaurant citing that the parties are involved in settlement negotiations. That matter, which was filed by Beyond Meat in November 2019, contests Del Taco’s application for a BEYOND TACO trademark.
