The trademark 5 elements was filed by MACE' S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 2, 2020, and received three oppositions.
Opposition Proceedings
There are three Oppositions claimed against trademark.
The first opposition filed on July 2, 2020 by La Pontezuela Sociedad Limitada Unipersonal on Likelihood of confusion. the opponent was represented by PONS IP, S.A. and its proceedings were handled in English The second opposition filed on July 2, 2020 by Azgilamu S.L. on Likelihood of confusion. the opponent was represented by DISAIN IP and its proceedings were handled in English The third opposition filed on July 1, 2020 by SANCHEZ ROMERO CARVAJAL JABUGO S.A on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by AGUILAR I REVENGA and its proceedings were handled in English
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for humans and animals
Nutritional supplement meal replacement bars for boosting energy
Vitamin and mineral bars for medical use
Meal replacement bars for medical use
Dietary supplements in the form of snacks
Meal replacements for medical purposes
Drinks for diabetics, Based on fruit juices for medical purposes.
The mark was filed in class 29 with following description of goods:
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yoghurt and other dairy products
Fruit preserves
Sliced fruit
Frozen fruits
Fruit, preserved
Fruit, stewed
Cut fruits
Fruit pulp
Arrangements of processed fruit
Fruits, tinned
Pressed fruit paste
Fruit-based snack food
Fruit leathers
Snacks bars based on nuts and seeds
Snack bars based on nuts and organic fruit seeds
Vegetables, preserved
Vegetables, cooked
Vegetables, dried
Processed Pulses
Vegetables, tinned
Dried fruit-based snacks
Dried vegetables
Freeze-dried vegetables
Nut-based meal replacement bars
Tomato extracts
Cranberry compote
Appetiser assortments consisting of dehydrated fruit, processed dried fruit or raisins
Appetiser assortments consisting of wasabi peas, processed dried fruit, dehydrated fruit or raisins
Glazed fruits
Fruit in jars
Fruit jellies
Fruit salads
Fruit paste
Fruit purees
Fruit-based fillings for fruit cakes
Canned sliced fruits
Blanched nuts
Processed nuts
Fruit-based spreads
Dried fruit mixes
Spreadable fruit pastes
Nut-based snack foods
Snack mixes consisting of dehydrated fruit and processed nuts
Vegetable salads
Milk-based beverages containing fruit juice
Marmalade
Peanut milk-based beverages
Coconut milk-based beverages
Coconut milk used as beverage
Almond milk-based beverages
Milk drinks containing fruits
Jellies for food
Milk shakes
Processed edible sedes
Vegetable pastes
Frozen vegetables
Processed legumes
Vegetable-based snack foods
Vegetables, tinned
Main meals consisting predominantly of vegetables
Prepared meals consisting predominantly of vegetables
Frozen meals consisting predominantly of vegetables
Pre-packaged meals consisting predominantly of vegetables
Vegetarian burgers
Soya patties
Tofu patties
Tofu
Tofu patties
Soya patties
Dried edible algae
Processed edible seaweed
Dried edible seaweed
Processed edible seaweed
Algae prepared for human foods.
The mark was filed in class 30 with following description of goods:
Rice, Pasta and Noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Chocolate
Ice cream, sorbets and other edible ices
Yeast, baking-powder
Salt, condiments, spices, dried herbs
Dips
Ice (frozen water)
Flour
Flour and preparations made from cereals
Cereal bars
Muesli bars
Dessert bars
High-protein cereal bars
Cereal based energy bars
Cereal-based snack food
Oat bars (flapjacks)
Fruit ice lollies on a stick or in bars
Fruit jellies [confectionery]
Seaweed [condiment].
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fresh fruits and vegetables, Garden herbs, fresh
Natural plants and flowers
Plant bulbs, grains and seeds
Live animals
Foodstuffs and beverages for animals
Malt
Fresh fruits
Almonds [fruits]
Nuts [fruits]
Peanuts, fresh
Arrangements of fresh fruit
Fresh fruits and vegetables
Fresh fruits
Peanuts, fresh
Fruit and vegetable seeds
Marc
Fresh vegetables
Pine cones
Garlic, fresh
Citrus fruit, fresh
Fresh apricots
Pineapples [fresh]
Watermelon, fresh
Oats
Raw oats
Fresh avocados
Juniper berries
Berries, fresh fruits
Fresh bananas
Beet
Bulbs (Plant -)
Chestnuts, fresh
Fresh cabbage
Fresh chickpeas
Cereal seeds, unprocessed
Unprocessed cereals
Fresh chervil
Cucumbers, fresh
Chicory, fresh
Flower bulbs
Onions, fresh vegetables
Hop cones
Bran
Wheat bran
Fresh dates
Fresh chives
Flax meal [fodder]
Rice meal for forage
Beans, fresh
Mushrooms, fresh
Fresh bean sprouts
Wheat
Unprocessed buckwheat
Unprocessed wheat
Maize
Coconut shell
Fresh kiwi fruit
Lettuce, fresh
Fresh limes
Lemons, fresh
Fresh lychees
Hops
Unprocessed sweet corn ears [husked or unhusked]
Fresh mangoes
Fresh quince
Fresh apples
Unprocessed blueberries
Hazelnuts
Coconuts
Fresh coconuts
Cola nuts
Olives, fresh
Barley
Straw litter
Maize cake for cattle
Fresh papayas
Mash for fattening livestock
Potatoes, fresh
Fresh sweet potatoes
Fresh peppers
Fresh chilies
Pears, fresh
Fresh peaches
Peas, fresh
Fresh vine tomatoes
Fresh cherry tomatoes
Fresh tomatoes
Fresh grapefruits
Leeks, fresh
Fresh plums
Unprocessed quinoa
Rhubarb, fresh
Chicory roots
Fresh horseradish roots
Unprocessed rice
Rye seed
Apple plant seeds
Seeds for flowers
Edible flaxseed, unprocessed
Rye seed
Cocoa beans, raw
Edible sesame, unprocessed
Spinach, fresh
Truffles, fresh
Grapes, fresh
Fresh wine grapes
Residue in a still after distillation
Fresh ginger
Marrows, fresh
Fresh zucchini
Algae for human consumption
Algae, unprocessed, for human or animal consumption.
The mark was filed in class 32 with following description of goods:
Beers
Non-alcoholic beverages
Mineral and aerated waters
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages
Juices
Vegetable juices [beverages]
Nonalcoholic fruit juice beverages
Fruit nectars, non-alcoholic
Non-alcoholic fruit extracts
Non-alcoholic fruit extracts
Extracts of unfermented must
Non-alcoholic fruit extracts used in the preparation of beverages
Non-alcoholic fruit extracts for making beverages
Orange juice
Pineapple juice
Coconut juice
Grape juice
Orange juice beverages
Pineapple juice beverages
Apple juice beverages
Tomato juice based beverages
Fruit drinks and fruit juices
Pineapple juice [beverages]
Fruit juice concentrates
Fruit juice mixtures
Fruit juice concentrates
Aerated fruit juices
Aerated fruit juices
Tomato juice [beverage]
Coconut water (beverage)
Concentrated fruit juice
Cider, non-alcoholic
Cranberry juice
Non-alcoholic grape juice beverages
Non-alcoholic beverages containing fruit juices
Concentrated orange juice for dilution with water
Non-alcoholic grape juice beverages
Non-alcoholic vegetable juice beverages
Non-alcoholic beverages containing fruit juices
Fruit drinks
Guarana drinks
Sherbets [beverages]
Fruit-based beverages
Vegetable drinks
Fruit-flavoured beverages
Frozen fruit-based beverages
Iced fruit beverages
Non-alcoholic fruit juice beverages
Non-alcoholic beverages
Non-alcoholic beverages
Fruit flavoured non-alcoholic drinks
Smoothies
Concentrated beverages based on fruit syrup for dilution with water
Fruit-based non-alcoholic beverages flavoured with tea
Non-alcoholic, low-calorie beverages
Powders used in the preparation of fruit-based beverages