The trademark U UNIGRA' was filed by UNIGRA' S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on November 15, 2020, and received one opposition filed on February 11, 2021 by UNION NACIONAL DE GRANDES SUPERFICIES, S.A. U.N.A.G.R.A.S. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Ungría López, Javier and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 11, 2021
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 35 with following description of goods:
Display of commodities (for advertising purposes)
Advertising communications via email
Marketing
Organisation of trade fairs for commercial or advertising purposes
Presentation of goods on communication media, for retail purposes
Publicity services
Publication of publicity texts
Online advertising on a computer network
Television advertising
Direct mail advertising
Demonstration of goods
Distribution of samples
Commercial or industrial management assistance
Providing business information via a web site
Business information
Commercial information and advice for consumers [consumer advice shop]
Marketing
Organization of exhibitions for commercial or advertising purposes
Presentation of goods on communication media, for retail purposes
Sales promotion for others
Advertising
On-line advertising on a computer network
Market studies
Business research
Business advisory services relating to the establishment and operation of franchises
Business management consultancy in relation to franchising
Retailing or wholesaling (excluding the transport thereof) of foodstuffs and beverages, the aforesaid services being provided at retail outlets, wholesale warehouses, via mail order catalogues or via electronic means, websites, or teleshopping programmes
The bringing together, for the benefit of others, of a variety of goods, namely food and beverages, enabling customers to conveniently view and purchase those goods
Retailing and online sale of the following goods: Edible oils and fats, Cocoa butter, Margarines, Margarine substitutes, Palm oil for food, Semi-processed goods for making cakes, vegetable whipping cream, Jams, Jellies and Fruit sauces, Cheese and dairy products, Beverages based on peanut milk, Beverages based on almond milk, Beverages based on coconut milk, Fruit-based snack food, chips (potato), Nuts, prepared, Almond milk, Peanut milk, Oat milk, Coconut milk, rice milk, Soya milk, Vegetable mousses, Hazelnuts, prepared, Milk substitutes, Meat, Fish, poultry and Offal, Meat extracts preserved, Preserved, dried and cooked fruits and vegetables, Jellies, Fruit sauces, Eggs, milk and Dairy products, Edible oils and fats, Anchovies, Broth, Soups, Caviar, Fruits, tinned [canned (Am.)], Vegetables, tinned [canned (Am.)], Cheese, Milk shakes, Frozen fruits, Preserved fruits, Fruit preserved in alcohol, Stewed fruits, Frosted fruits, Mushrooms, preserved, Gelatine, Gelatine for food, Fruit jellies, Preparations for vegetable soups, Milks, Preserved vegetables, Cooked vegetables, Dried vegetables, Lentils, preserved, Fruit-based products, Vegetable salads, Whipped cream, Cream (milk and dairy product), Low-fat potato chips, Fish, preserved, Preparations for making soup, fruit juices based on vegetables for cooking, Salt, mustard, vinegar, sauces (condiments), spices, Ice, Yeast-based foodstuffs, Farinaceous foods, Starch for dietetic purposes, anise, Star aniseed, condiments, Coffee flavourings, Flavorings, other than essential oils, Flavorings, other than essential oils, for beverages, Flavorings, other than essential oils, For cakes, oat flakes, porridge, High-protein cereal bars, Liquorice (pastries)
Retailing and online sale of the following goods: Chocolate, Cocoa, Cocoa-based beverages, Coffee-based beverages, Chocolate-based beverages, beverages made of tea, Baking soda for cooking purposes, Biscuits, Malt biscuits, Petit-beurre biscuits, Desserts, Buns, puddings, Cocoa beverages with milk, Coffeebeverages with milk, Chocolate beverages with milk, Coffee, unroasted, Cinnamon [spice], Caramels (candy), Crackers, Couscous (semolina), Tarts, Wheat flour, Flour, Fruit jellies [confectionery], Edible ices, Yeast, Macaroni, Mayonnaise, Sliced bread, flat bread, Breadcrumbs, Bread rolls, Pasta, pesto, Pizza, Preparations and products made from cereals, Ravioli, rice, Edible salt, Tomato sauce, Soya sauce, Dressings for salads, bread rolls, Peppers (spices), Oatmeal, Semola, Cereal-based snacks, rice-based snacks, sorbets, Pie crusts, Cereal preparations, Semi-processed goods for cakes, Chocolate substitutes, Mixes and enhancers, Cereal bars, High-protein cereal bars, Beverages based on camomile, Cereal-based snack food, Rice-based snack food, Chocolate, Almond confectionery, Chocolate spreads, chocolate spreads containing nuts, Foodstuffs made from soybean, Tomato juice for cooking, Yogurt, Coffee, tea, Cocoa and coffee, Tapioca and sago, Flour and preparations made from cereals, Bread loaves, Confectionery and desserts, Sugar, honey
Retailing and online sale of the following goods: Agricultural products, not included in other classes, Preserved crops for animal feed, unprocessed agricultural products, Live animals, Live poultry, Live animals, Organisms for breeding purposes, Edible aquatic animals (live), Fresh mixed fruits, Fresh fruits, Fresh green vegetables, Seeds, plants, live plants, flowers, Foodstuffs and foodstuffs for animals, Malt, Retailing and online sale of the following goods: milk whey beverages, Juices, Fruit drinks, Fruit beverages and fruit juices, Beverages consisting principally of fruit juices, Fruit juices for use as beverages, Drinks and fruit juices, beverages containing vitamins, Aloe vera non-alcoholic beverages, energy drinks, energy drinks containing caffeine, Energy beverages [not for medical purposes], non-alcoholic honey-based beverages, Sports drinks, Milk shakes, Sorbets being beverages, sherbets [beverages], Preparations for mailing beverages, Peanut milk [non-alcoholic beverage], Almond milk (beverage), fruit-based beverages, fruit-flavoured beverages, Non-alcoholic fruit juices, tomato juice beverage, Squeezed orange beverages, isotonic beverages, Isotonic beverages [not for medical purposes], pineapple juice beverages, vegetable beverages, Flavoured drinks, soya based beverages, soya drinks, Fruit-flavoured soya beverages, vanilla soya beverages, coffee-flavoured soya beverages, soya-flavoured beverages with barley, soya beverages with ginseng, soya beverages with cocoa, soya beverages with chocolate, hazelnut-flavoured soya beverages, soya beverages with tea, soya beverages with caramel, caramel-flavoured soya beverages, soya beverages with pineapple, banana soya beverages, soya beverages with pineapple and bananas, strawberry soya beverages, soya beverages with red berries, soya beverages with strawberries and red fruits, soya beverages with peas, soya beverages with red berries and peas, soya beverages with fruits, soya beverages with hazelnuts, soya beverages with almonds, soya beverages with nuts, bean beverages, chickpea beverages, pea beverages, legume-based beverages, hazelnut beverages, nut beverages, coconut beverages, beverages.