As the main plea, annul in part the judgment of 20 March 2013 refusing registration of Community Trademark 3 478 311‘Caffé KIMBO design’ in respect of the following goods in class 30: ‘Coffee, tea, cocoa, sugar, rice, tapioca, sago, coffee substitutes; flour, confectionery, ices; honey, treacles; yeast, baking-powder; salt, mustard; vinegar sauces (condiments); relish; ice’ and confirm the same judgment in so far as it rejected the community trademark application 3 478 311‘Caffé KIMBO design’ in respect of ‘preparations made from cereals, bread, pastry’.

1701.99.95 | Other cane or beet sugar, other than raw sugar, and chemically pure sucrose, not in lumps or powdered and not containing added flavouring or colouring matter, other than for feed purposes, in retail sale packages of a weight not exceeding 24 kg |

1701.99.91 | Other cane or beet sugar, other than raw sugar, and chemically pure sucrose, not containing added flavouring or colouring matter, other than for feed purposes, in lumps or powdered |

08.14 * Coffee , whether or not roasted , decaffeinated or soluble , coffee substitutes , granulated or powdered * * * * *

means coffee extract in powder, granular, flake, cube or other solid form, of which the coffee-based dry matter content is not less than 96 % by weight and which is obtained by using for its manufacture a quantity of raw coffee of at least 2 73 kg per 1 kg of finished product.

She had already receiver her bag of groceries from the food bank and she had nothing to feed her baby but coffee whitener and water.