The trademark VERYTA was filed by VERYTA HUB S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 19, 2021, and received one opposition filed on July 18, 2021 by ELMUBAS IBERICA, S.L. on Likelihood of confusion. the opponent was represented by ISERN PATENTES Y MARCAS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 18, 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 1 with following description of goods:
Chemicals used in horticulture
Chemicals used in science
Chemicals used in forestry
Chemical preparations for use in photography
Fire extinguishing compositions
Fire prevention compositions
Substances for tanning animal skins and hides
Adhesives for use in industry
Putties and other paste fillers
Compost, manures, fertilizers
Biological preparations for use in industry and science
Biodegradable polymer compositions
Unprocessed plastics
Tempering preparations
Soldering preparations
Synthetic resins, unprocessed.
The mark was filed in class 2 with following description of goods:
Paints and washes
Varnishes
Wood preservatives
Anti-rust preparations
Colorants
Tinters for paints
Inks for printing, marking and engraving
Raw natural resins
Metal foil for painters, decorators, printers and artists.
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated toothpaste
Perfumery, essential oils
Bleaching preparations and other substances for laundry use
Scouring substances
Polishing preparations
Abrasives
Cleaning preparations.
The mark was filed in class 4 with following description of goods:
Dust controlling compositions
Candles and wicks for lighting
Beeswax
Carnauba wax.
The mark was filed in class 5 with following description of goods:
Veterinary preparations
Medical preparations
Pharmaceuticals
Sanitary preparations for medical purposes
Dietetic substances adapted for medical use
Dietetic food adapted for veterinary use
Dietetic substances adapted for veterinary use
Dietetic foods adapted for medical purposes
Food for babies
Dietary supplements for animals
Dietary supplements for humans
Plasters, materials for dressings
Teeth filling material
Dental wax
Disinfectants
Vermin destroying preparations
Herbicides
Fungicides
Linctus.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Metal materials for construction
Buildings, transportable, of metal
Non-electric cables and wires of common metal
Small items of metal hardware
Containers of metal [storage, transport]
Safes [metal or non-metal]
Ores of metal.
The mark was filed in class 7 with following description of goods:
Machine tools
Motors, other than for land vehicles
Machine coupling and transmission components (except for land vehicles)
Agricultural implements, other than hand-operated
Incubators for eggs
Distribution machines, automatic
Motor driven tools
Hydraulic tools.
The mark was filed in class 8 with following description of goods:
Hand tools and implements [hand-operated]
Cutlery
Side arms, other than firearms
Razors
Biodegradable cutlery
Disposable tableware [cutlery] made of plastics
Table forks
Spreaders [cutlery]
Biodegradable spoons
Biodegradable knives
Biodegradable forks
Knives
Spoons.
The mark was filed in class 9 with following description of goods:
Photographic apparatus and instruments
Cinematographic machines and apparatus
Optical apparatus and instruments
Weighing apparatus and instruments
Nautical apparatus and instruments
Surveying apparatus and instruments
Measuring apparatus and instruments
Checking (supervision) apparatus and instruments
Signalling apparatus and instruments
Life-saving apparatus and instruments
Scientific apparatus and instruments
Teaching apparatus and instruments
Apparatus and instruments for controlling electricity
Apparatus and instruments for accumulating electricity
Apparatus and instruments for switching electricity
Apparatus and instruments for transforming electricity
Apparatus and instruments for regulating electricity
Apparatus and instruments for conducting electricity
Sound transmitting apparatus
Apparatus for the transmission of images
Apparatus for the reproduction of images
Sound reproduction apparatus
Apparatus for recording images
Sound recording apparatus
Magnetic data carriers, recording discs
Coin-operated mechanisms
Cash registers
Calculators
Computers
Data processing equipment
Diving suits
Fire extinguishing apparatus
Personal computers
Computer hardware
Software.
The mark was filed in class 10 with following description of goods:
Veterinary apparatus and instruments
Surgical apparatus and instruments
Dental apparatus and instruments
Medical apparatus and instruments
Artificial limbs
Artificial teeth
Artificial eyes
Orthopedic articles
Suture materials
Therapeutic and assistive devices adapted for persons with disabilities
Massage apparatus
Teething rings
Apparatus, devices and articles for nursing infants
Apparatus for nursing infants
Air pillows for infants [medical purposes]
Gum massagers for babies
Incubators for babies
Dummies for babies
Sexual activity apparatus, devices and articles.
The mark was filed in class 11 with following description of goods:
Apparatus for ventilating
Cooking apparatus and installations
Water supply installations
Heating apparatus
Apparatus for drying
Sanitary apparatus and installations
Refrigerating apparatus
Steam generating apparatus
Lighting apparatus.
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by water
Apparatus for locomotion by air
Apparatus for locomotion by land.
The mark was filed in class 13 with following description of goods:
Firearms
Ammunition and projectiles
Explosives
Fireworks.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys
Semi-precious stones
Jewellery
Precious stones
Time instruments
Paste jewellery.
The mark was filed in class 15 with following description of goods:
Musical instruments
Stands for musical instruments
Mallets for musical instruments
Music rests for musical instruments.
The mark was filed in class 16 with following description of goods:
Paper and cardboard
Printed matter
Book covers
Photographs [printed]
Stationery
Gums [adhesives] for stationery or household purposes
Artists' materials
Paintbrushes
Teaching materials [except apparatus]
Plastic materials for packaging
Printing blocks
Conical paper bags
General purpose plastic bags
Paper pouches for packaging
Plastic food storage bags for household use
Freezer bags
Bags for microwave cooking
Packaging containers of regenerated cellulose
Bags for packaging made of biodegradable plastic
Office requisites, except furniture
Paper stationery
Plastic envelopes
Envelopes [stationery]
Bags [envelopes, pouches] of paper or plastics, for packaging.
The mark was filed in class 17 with following description of goods:
Rubber, raw or semi-worked
Mica, raw or partly processed
Unprocessed and semi-processed gutta-percha
Unprocessed and semi-processed asbestos
Substitutes for unprocessed and semi-processed rubber
Substitutes for unprocessed and semi-processed gutta-percha
Substitutes for unprocessed and semi-processed gum
Substitutes for unprocessed and semi-processed asbestos
Substitutes for unprocessed and semi-processed mica
Plastics in extruded form for use in manufacture
Packing materials
Stopping materials
Insulating materials
Flexible hoses, not of metal
Biodegradable plastic film for agricultural use
Semi-processed resins
Semi-processed natural resins.
The mark was filed in class 19 with following description of goods:
Building materials, not of metal
Rigid pipes, not of metal, for building
Pitch, tar, bitumen and asphalt
Buildings, transportable, not of metal
Monuments, not of metal.
The mark was filed in class 20 with following description of goods:
Picture frames
Furniture
Containers, not of metal [storage, transport]
Animal bone [unworked or partly worked material]
Horn, unworked or semi-worked
Whalebone, unworked or semi-worked
Mother-of-pearl, unworked or semi-worked
Shells
Meerschaum
Yellow amber
Furniture and furnishings
Packaging containers of plastic
Lecterns
Mirrors (silvered glass).
The mark was filed in class 21 with following description of goods:
Containers for household or kitchen use
Household or kitchen utensils
Holloware
Cooking pots and pans [non-electric]
Combs
Sponges
Brushes
Material for brush-making
Cleaning articles
Glass, unworked or semi-worked, except building glass
Confectioners' decorating bags [pastry bags]
Cooking mesh bags, other than for microwaves
Table plates
Biodegradable plates
Compostable plates
Biodegradable paper pulp-based plates
Drinking glasses
Lunch boxes
Thermal insulated containers for food or beverage
Japanese nests of food boxes [jubako]
Combined lids for kitchen containers
Plastic bag holders for household use
Bread bins
Containers for ice, for household purposes
Compost containers for household use
Compostable trays
Compostable cups
Biodegradable bottles
Biodegradable trays
Painted glassware
Crystal [glassware]
Porcelain ware
Majolica.
The mark was filed in class 22 with following description of goods:
Ropes and strings
Nets
Tents for camping
Tarpaulins, awnings, tents, and unfitted coverings
Awnings of textile
Sails
Sacks for the transport and storage of materials in bulk
Materials for padding
Substitutes for raw fibrous textile materials
Textile bags for merchandise packaging [envelopes, pouches]
Plastic liners [sacks] for containers
Geotextile containers [bags] made of synthetic textile materials
Geotextile containers [bags] made of textile
Cloth bags for laundry [not for luggage or travel]
Mesh bags for washing laundry.
The mark was filed in class 26 with following description of goods:
Embroidery laces
Lace
Gold embroidery
Ribbons of textile materials
Buttons
Hook and eye fastening tape
Artificial flowers
Decorative articles for the hair
False hair
Needles
Pins.
The mark was filed in class 27 with following description of goods:
Rugs (Floor -)
Wooden door mats
Door mats of textile
Door mats of india rubber
Mats
Carpet tiles for covering floors
Wall hangings, not of textile.
The mark was filed in class 28 with following description of goods:
Games
Toys
Video game apparatus
Gymnastic and sporting articles
Decorations for Christmas trees.
The mark was filed in class 29 with following description of goods:
Game, not live
Fish, not live
Poultry
Meat
Meat extracts
Eggs
Frozen vegetables
Preserved vegetables
Vegetables, dried
Vegetables, cooked
Fruit, preserved
Dried fruit
Frozen fruits
Fruit, stewed
Jellies for food
Jams
Milk
Milk products
Edible oils and fats.
The mark was filed in class 30 with following description of goods:
Chocolate
Ice, ice creams, frozen yogurts and sorbets
Sugar
Honey
Treacle
Yeast
Salt
Condiments
Spices
Preserved herbs
Vinegar
Sauces [condiments]
Food dressings [sauces]
Artificial coffee
Cocoa
Coffee
Tea
Rice
Tapioca
Sago
Flour
Preparations made from cereals
Bread
Pastries
Confectionery
Fresh pasta
Dried pasta.
The mark was filed in class 31 with following description of goods:
Fresh fruits and vegetables
Garden herbs, fresh
Natural plants and flowers
Bulbs (Plant -)
Seeds for planting
Live animals
Malt
Agricultural seeds
Agricultural and aquacultural crops, horticulture and forestry products
None of the above-mentioned products for the manufacture of food or feed for animals.
The mark was filed in class 32 with following description of goods:
Beer
Soft drinks
Mineral and aerated waters
Fruit juice beverages
Non-alcoholic preparations for making beverages.
The mark was filed in class 34 with following description of goods:
Tobacco
Cigarettes
Cigars
Electronic cigarettes
Oral vaporizers for smokers
Articles for use with tobacco
Matches
Tobacco substitutes.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business planning services
Provision of business and commercial information
Mediation of trade business for third parties
Advice and information concerning commercial business management
Transcription of communications [office functions]