018376778

FLAMMA

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January 14, 2021

Trademark Summary

The trademark FLAMMA was filed by SICHUAN YIBIN WULIANGYE GROUP CO., LTD., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on February 14, 2021, and received two oppositions.

Opposition Proceedings

There are two Oppositions claimed against trademark.

The first opposition filed on May 12, 2021 by SICHUAN YIBIN WULIANGYE GROUP CO., LTD. on Likelihood of confusion. the opponent was represented by INGENIAS and its proceedings were handled in English The second opposition filed on April 26, 2021 by CASTELL D'OR, S.L. on Likelihood of confusion. the opponent was represented by OLTEN PATENTES Y MARCAS and its proceedings were handled in English

The application was filed in German, and German 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 July 11, 2021. A transfer of the trademark registration was recorded on July 11, 2021. Change of name and professional address of the trademark registration was recorded on March 28, 2022.

The Opposition with reference B 003145420 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 11, 2022 by the EUIPO.

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Goods And Services

• The mark was filed in class 33 with following description of goods:
  
  1. Baijiu [Chinese distilled alcoholic beverage]
  2. Arrack [arak]
  3. Spirits [beverages]
  4. Alcoholic beverages (except beer)
  5. Grain-based distilled alcoholic beverages
  6. Fruit extracts, alcoholic
  7. Distilled beverages
  8. Cocktails
  9. Wine
  10. Alcoholic beverages containing fruit
  11. Sparkling wines
  12. Chinese white liquor (baiganr)
  13. Chinese spirit of sorghum (gaolian-jiou)
  14. Chinese brewed liquor (laojiou).
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising, marketing and promotional services
  2. Presentation of goods on communication media, for retail purposes
  3. Commercial administration of the licensing of the goods and services of others
  4. Retail services in relation to non-alcoholic beverages
  5. Retail services relating to alcoholic beverages
  6. Wholesale services in relation to non-alcoholic beverages
  7. Wholesale services in relation to alcoholic beverages (except beer)
  8. Retail services via catalogues related to alcoholic beverages (except beer)
  9. Alcoholic beverage procurement services for others [purchasing goods for other businesses]
  10. Business brokerage services
  11. Trade marketing [other than selling]
  12. Including all the aforesaid services via electronic channels
  13. Retail services in relation to foodstuffs
  14. Wholesale services in relation to foodstuffs
  15. Business and advertising assistance in connection with the sale of foodstuffs and non-food goods.
• The mark was filed in class 43 with following description of goods:
  
  1. Serving of alcoholic beverages
  2. Private members drinking club services
  3. Café services
  4. Canteen services
  5. Restaurant services
  6. Bar services
  7. Self-service restaurant services
  8. Tea rooms.