The trademark EL CHAMAQUITO was filed by ATLANTA RESTAURACION TEMATICA, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on April 6, 2020, and received one opposition filed on May 24, 2020 by EROSKI, S. COOP. on Likelihood of confusion. the opponent was represented by CONSULTORES URIZAR & CIA.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003122283 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 16, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat
Fish
Poultry, not live
Game
Meat extracts
Dried fruit
Fruits, tinned [canned (Am.)]
Bottled fruits
Preserved vegetables
Vegetable preserves
Frozen vegetables
Dried pulses
Pulses, cooked
Jellies
Jams
Compotes
Eggs
Milk
Milk products
Edible oils and fats
Preserved chilli peppers
Prepared meals made from meat [meat predominating]
Prepared meals made from poultry [poultry predominating]
Refried beans
Cooked beans, all the aforesaid goods in particular for Mexican and Tex-Mex foodstuffs.
The mark was filed in class 30 with following description of goods:
Artificial coffee
Cocoa
Coffee
Tea
Rice
Tapioca
Sago
Flour
Preparations made from cereals
Bread
Pastries
Confectionery
Sugar, honey, treacle
Yeast
Baking powder
Salt
Mustard
Vinegar
Sauces [condiments]
Spices
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Boxed lunches consisting of rice, with added meat, fish or vegetables
Prepared pizza meals
Burritos
Burritos
Fajitas
Tacos
Taco chips
Taco shells
Taco seasoning
Stew seasoning mixes
Pasta-based prepared meals, all the aforesaid goods in particular for Mexican and Tex-Mex foodstuffs.
The mark was filed in class 35 with Retailing in shops of beverages, food and prepared meals and Wholesaling and retailing via global computer networks of beverages, food and prepared meals, all the aforesaid goods in particular for Mexican and Tex-Mex food..
The mark was filed in class 39 with Distribution, storage and providing of beverages, food and prepared meals, all the aforesaid goods in particular for Mexican and Tex-Mex food.
The mark was filed in class 43 with Services for providing Mexican and Tex-Mex food and drink.