The trademark Wine Smart was filed by Alessio Macoratti, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on October 28, 2020, and received one opposition filed on January 27, 2021 by Smart Wines GmbH on Likelihood of confusion. the opponent was represented by FRIEDRICH GRAF VON WESTPHALEN & PARTNER MBB RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 27, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on November 18, 2021.
The Opposition with reference B 003139858 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 16, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 21 with following description of goods:
Cocktail sticks
Drinking glasses
Drinking glass holders
Cups made of plastics
Cocktail glasses
Beer mugs
Glass cups
Wine glasses
Champagne flutes
Tumblers
Beverageware
Cup lids
Snifters
Pint glasses
Glasses, drinking vessels and barware
Cups, not of precious metal
Cups of paper or plastic
Drinking bottles
Bottle openers [hand-operated]
Bottle openers incorporating knives
Non-electric bottle openers
Bottles
Bottle openers, electric and non-electric
Biodegradable bottles
Reusable bottles
Bottle buckets
Bottle brushes
Bottle cradles
Bottle coolers
Bottles, sold empty
Glass bottles
Glass flasks [containers]
Insulating flasks
Shaker bottles sold empty
Glass stoppers for bottles
Bottle pourers
Coolers for wine
Wine strainers
Pipettes [wine-tasters]
Wine bottle cradles
Corkscrews, electric and non-electric
Wine decanters
Wine aerators
Wine jugs
Ladles for serving wine
Wine buckets
Wine coasters of precious metal
Vacuum pumps for wine bottles
Wine drip collars specially adapted for use around the top of wine bottles to stop drips
Vinyl place mats
Beverage stirrers
Cold packs used to keep food and drink cold
Thermal insulated bags for food or beverages
Drinking goblets
Straws for drinking
Plastic containers for dispensing drink to pets
Portable beverage dispensers
Cocktail shakers
Portable beverage container holders
Portable beverage coolers
Vacuum flasks for holding drinks
Drinking vessels
Beverage coolers [containers].
The mark was filed in class 33 with Preparations for making alcoholic beverages.
The mark was filed in class 35 with following description of goods:
Retail services in relation to preparations for making alcoholic beverages
Wholesale services in relation to preparations for making alcoholic beverages
Retail services in relation to preparations for making beverages
Wholesale services in relation to preparations for making beverages.