The trademark EVA FRUIT was filed by AREA S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on July 7, 2021, and received one opposition filed on October 4, 2021 by Lekkerland SE on Likelihood of confusion. the opponent was represented by Schmitt Teworte-Vey Simon & Schumacher Partnerschaft von Rechtsanwälten mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 4, 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 9 with following description of goods:
Telephone wires
Telephone socket outlets
Chargers for tablets, computers, smartphones and cell phones
Earpieces and headsets for telephones, tablet computers, smartphones and computers
Microphones for telephones, Microphones for tablet computers, microphones for smartphones, micro-phones for computer
Speakers for telephones, Speakers for tablet computers, Loudspeakers for smartphones, speakers for use with computers
Cell phone straps
Cell phone straps
Keyboards for mobile phones
Keyboards for tablets
Keyboards for use with computers
Batteries for tablets, computers, smartphones and cell phones
Holders for smartphones and mobile telephones
Telephone connecting cords
Phone extension leads
Covers for telephones and tablets (specially designed)
Hands-free kits for telephones
Devices for hands-free use of mobile phones
Adapters for connecting telephones to hearing aids
Bags for cameras
Bags adapted for laptops
Cases for tablet computers
Cases for telephones
Cases for electronic diaries
Cell phone covers
Cases for smartphones
Camera casings
Cases adapted for notebook computers
Covers for telephones, tablets and smartphones, in particular being designed therefor
Leather cases for mobile phones
Bags adapted for laptops
Bags for tablets
Pouches for photographic apparatus
Computer swivelling stands
Power cables for telephones, Power cables for tablet computers, Computer power cables
Telephone wires
Data transmission cables
USB cables
USB flash drives
Electronic styluses
Selfie sticks for use as smartphone accessories
Covers for tablet computers
Electronic storage media
Microphone stands
Video camera stands
Stands adapted for tablet computers
Data storage devices and media
Camcorder cases
Electronic cables
Telecommunications cables
Cables, electric
Cable connectors
Battery leads
Electric cables and wires
Cable adapters
Apparatus, instruments and cables for electricity
Signal cables for IT, AV and telecommunication
Connection cables.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services, Via retail outlets, On all communication means, by means of electronic media, Via websites, in relation the following goods: Telephones, Mobile telephones, smartphones, tablets, Computers, Cameras (photography), Personal organisers, Batteries, Chargers, Computer keyboards, Headsets for use with computers, Computers and computer hardware, Data processing apparatus and accessories (electric and mechanical), telephone wires, Telephone cables, power cables, Electronic cables, cable adapters, Telephone connectors, Headphones for telephones, communications head sets, Microphones, Telephone earpieces, cellular telephone straps, Straps for mobile telephones, Face plates for cellular telephones, Loudspeakers for mobile telephones, Covers for telephone receivers, USB cables for mobile telephones, USB cables, USB-keys, Hands-free kits for mobile telephones, Carrying cases for cellular phones, Cases of leather or artificial leather for mobile phones, Hands-free headsets for cell phones, Adapters for connecting telephone apparatus to hearing aids, Hands-free microphones for mobile phones, Hands-free holders for mobile phones, mobile telephone covers made of cloth or textile materials, Computer cases, cases for cameras, Tablet computer cases, Digital pens, Selfie sticks used as smartphone accessories, Carrying bags for computers, Bags for cameras, Mobile digital device cases, Telephone and tablet computer covers [specifically adapted]