The trademark SMILE CRUNCH was filed by IAF NETWORK S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 4, 2020, and received one opposition filed on September 2, 2020 by Société des Produits Nestlé S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HARTE-BAVENDAMM RECHTSANWÄLTE PARTNERSCHAFTSGESELLSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 2, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on January 19, 2022.
Goods And Services
The mark was filed in class 29 with following description of goods:
Jellies, jams, compotes, fruit and vegetable spreads
Fruit spreads
Hazelnut spread
Dairy spreads
Cashew nut butter
Almond butter
Cocoa butter
Butter made of nuts
Peanut butter
Blended butter
Butter preparations.
The mark was filed in class 30 with following description of goods:
Cereals
Processed grains
Flour
Cereal flour
Flour of oats
Almond flour
Cereal powders
Oatmeal
Oat flakes
Oatmeal
Foodstuffs made from oats
Flapjacks
Porridge oats
Oat clusters containing dried fruit
Sandwich spread made from chocolate and nuts
Sweet spreads [honey]
Almond paste.
The mark was filed in class 35 with following description of goods:
Online retailing of foodstuffs
Mail order retail services related to foodstuffs
Online ordering services
Presentation of goods on communication media, for retail purposes
Advertising, marketing and promotional services
Sales promotion through customer loyalty programs.