The trademark GUSTERRA was filed by PERANI & PARTNERS S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 9, 2021, and received one opposition filed on May 18, 2021 by Concept Fresh Vertriebsgesellschaft mbH on Likelihood of confusion. the opponent was represented by Hübscher & Partner Patentanwälte GmbH and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 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 29 with following description of goods:
Milk
Butter
Smetana [sour cream]
Whipped cream
Clotted cream
Double cream
Buttercream
Aubergine paste
Yoghurt
Powdered milk for food purposes
Beverages having a milk base
Cheese
Milk products
Potato snacks
Potato-based snack foods
Cheese substitutes
Cheese dips
Cheese spreads
Dairy products and dairy substitutes
Potato fritters
Croquettes
Desserts made from milk products
Potato crisps
Eggs
Vegetable jellies
Meat gelatines
Fish jellies
Marmalade
Compotes
Meat
Fish, not live
Poultry
Game, not live
Meat extracts
Processed fruits, fungi, vegetables, nuts and pulses.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Artificial coffee
Rice
Tapioca
Sago
Flour
Preparations made from cereals
Bread
Long-life pastry
Confectionery
Ice cream
Sugar
Honey
Treacle
Yeast
Baking powder
Salt
Mustard
Vinegar
Sauces [condiments]
Spices
Ice [frozen water]
Aperitif biscuits
Salted biscuits
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Crackers
Croûtons
Thin breadsticks
Cereal-based snack food
Cereal snack foods flavoured with cheese
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Cereal bars and energy bars
Cereals
Breakfast cereals, porridge and grits
Doughs, batters, and mixes therefor
Sweet glazes and fillings
Bakery goods
Fresh pasties
Chocolate desserts
Ice, ice creams, frozen yogurts and sorbets
Fruit cake snacks
Snack food products made from cereal flour
Biscuits [sweet or savoury]
Buns
Jam filled brioches
Croissants
Sweetmeats [candy]
Ice cream desserts
Tea cakes
Prepared desserts [pastries]
Breakfast cake
Iced cakes
Prepared desserts [confectionery]
Rusks
Fruited scones
Fruit jellies [confectionery]
Dessert mousses [confectionery]
Bread rolls
Chocolate eggs
Wafers
Chocolate
Cocoa products
Cocoa.
The mark was filed in class 31 with following description of goods:
Raw horticultural products
Raw agricultural products
Agricultural and aquacultural crops, horticulture and forestry products
Grains [cereals]
Fresh fruits and vegetables
Garden herbs, fresh
Natural plants and flowers
Bulbs (Plant -)
Seeds for planting
Live animals
Beverages for pets
Malt
Malts and unprocessed cereals
Fresh fruits, nuts, vegetables and herbs
Fungi
Seeds, bulbs and seedlings for plant breeding
Almonds [fruits]
Berries, fresh
Fresh goji berries
Nuts [fruits]
Hazelnuts, fresh
Peanuts, fresh
Fresh pine nuts
Chestnuts, fresh
Unprocessed dates
Raw nut kernels
Unprocessed fruits
Edible nuts [unprocessed]
Edible seeds [unprocessed]
Edible linseed, unprocessed.
The mark was filed in class 32 with following description of goods:
Fruit drinks
Soft drinks
Juices.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Commercial administration of the licensing of the goods and services of others
Dissemination of advertisements
Demonstration of goods
Direct mail advertising
Marketing
Organization of exhibitions for commercial or advertising purposes
Organization of trade fairs for commercial or advertising purposes
Presentation of goods on communication media, for retail purposes
Sales promotion for others
Publication of publicity texts
Advertising, including on-line advertising on a computer network
Television advertising
Retail services in relation to foodstuffs
Wholesale ordering services.
The mark was filed in class 43 with following description of goods: