The trademark GENERI ALIMENTARI CYBUS MILANO was filed by ECCELLENZE S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on August 10, 2021, and received one opposition filed on November 10, 2021 by FELIX SOLIS, S.L. on Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 10, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on July 9, 2022. Appointment and Replacement of representative of the trademark registration was recorded on September 20, 2022.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Nutritional supplement meal replacement bars for boosting energy
Antioxidants
Anti-oxidants for dietary use
Dietary supplemental drinks
Vitamin drinks
Protein supplement shakes
Anti-oxidant food supplements
Herbal supplements
Food supplements for non-medical purposes
Food supplements for sportsmen
Dietary supplements for humans not for medical purposes
Dietary and nutritional supplements
Mineral food supplements
Prebiotic supplements
Probiotic supplements
Vitamin supplements
Mineral dietary supplements for humans
Food supplements
Vitamin and mineral preparations
Neutraceutical preparations for humans
Nutraceuticals for use as a dietary supplement
Dietary and nutritional preparations
Mixed vitamin preparations
Vitamin preparations in the nature of food supplements
Vitamin preparations
Multi-vitamin preparations
Vitamins and vitamin preparations
Caffeine preparations for medical use
Diabetic bread adapted for medical use
Medicinal infusions
Medicinal herb infusions
Dietetic infusions for medical use
Medicinal herbs
Anti-oxidants obtained from herbal sources
Herbal medicine
L-carnitine for weight loss
Medicinal drinks.
The mark was filed in class 9 with following description of goods:
Recorded content
Databases
Media content
Computer e-commerce software
Software for commerce over a global communications network
E-commerce and e-payment software
Computer e-commerce software to allow users to perform electronic business transactions via a global computer network
Computer software platforms
Software
Computer application software
Application software
Software for smartphones
Downloadable software applications
Blog software
Software for mobile phones
Document management software
Financial management software
Data management software
Software for operating an online shop
Customer relation management [CRM] software
Software for the operational management of portable magnetic and electronic cards
Downloadable emoticons for mobile phones
Digital organizers
Electronic agendas
Cases for electronic diaries
Downloadable electronic greeting cards for sending by regular mail
Mouse pads
Magnetic recordings
Musical sound recordings
Audio visual recordings
Digital recordings
Electronic indicator panels
Computer software for electronic bulletin boards
Web application and server software
Computer application software for use with wearable computer devices
Directories [electric or electronic]
Electronic magazines
Downloadable electronic publications in the nature of magazines
Downloadable educational media
Digital books downloadable from the Internet
Search marketing software
Software for arranging online transactions
Social software
Communication, networking and social networking software
Computer software platforms for social networking
Application software for social networking services via internet
Web content management [WCM] software
Website development software
Computer programs for using the internet and the worldwide web.
The mark was filed in class 29 with following description of goods:
Fruit, preserved
Dried fruit
Fruit, processed
Sausage skins and imitations thereof
Meat and meat products
Processed fruits, fungi, vegetables, nuts and pulses
Edible oils and fats
Fish, seafood and molluscs, not live
Dairy products and dairy substitutes
Birds eggs and egg products
Soups and stocks, meat extracts
Milk
Cheese
Cream cheese
Processed cheese
Curd cheese
Butter
Marmalade
Jellies, jams, compotes, fruit and vegetable spreads
Fruit marmalade
Yoghurt
Olive oil
Bacon
Truffle-based oils
Flavoured oils
Meat
Fresh meat
Sliced meat
Poultry, not live
Veal
Pork
Beef
Meat extracts
Extra virgin olive oil for food
Fruit-based snack food
Potato crisps in the form of snack foods
Snack foods based on legumes
Prepared meat dishes
Prepared meals containing [principally] chicken
Prepared vegetable dishes
Coffee creamer
Fruit- and nut-based snack bars
Dried fruit-based snacks
Dips
Jellies for food
Potato crisps
Meat, tinned
Packaged meats
Prepared meat
Cooked meats
Roast meat
Salmon, not live
Tuna, not live
Mushrooms, preserved
Mushrooms, prepared
Prepared insects and larvae
Yogurt drinks.
The mark was filed in class 30 with following description of goods:
Fruit teas
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Ice, ice creams, frozen yogurts and sorbets
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Bread
Pastries, cakes, tarts and biscuits (cookies)
Jam buns
Bakery goods
Pasta
Dried pasta
Fresh pasta
Pasta sauce
Confectionery containing jam
Coffee
Artificial coffee
Honey
Natural honey
Honey substitutes
Biological honey for human consumption
Vinegar
Balsamic vinegar
Wine vinegar
Sauces [condiments]
Apple cider vinegar
Sauces
Ready-made sauces
Meat gravies
Prepared foodstuffs in the form of sauces
Biscuits
Petit-beurre biscuits
Salted biscuits
Biscuits [sweet or savoury]
Cereals
Processed grains
Saffron [seasoning]
Sweets (candy), candy bars and chewing gum
Cereal bars and energy bars
Ice cream
Frozen yoghurt [confectionery ices]
Cones for ice cream
Snack food products consisting of cereal products
Extruded snacks containing maize
Cereal-based snack food
Snack foods made from corn
Snack foods consisting principally of bread
Snack bars containing a mixture of grains, nuts and dried fruit [confectionery]
Ready to eat savory snack foods made from maize meal formed by extrusion
Rice-based snack food
Prepared pizza meals
Rusks
Cookie mixes
Decaffeinated coffee
Coffee capsules, filled
Coffee bags
Prepared coffee and coffee-based beverages
Ground coffee beans
Coffee substitutes [artificial coffee or vegetable preparations for use as coffee]
Sugar-coated coffee beans
Vegetal preparations for use as coffee substitutes
Coffee-based beverages
Cheeseburgers [sandwiches]
Brioches
Calzones
Frozen pizza crusts
Pizza bases
Pancakes
Crepes
Savoury pancakes
Nachos
Pies
Frozen pancakes
Rice crusts
Hamburgers being cooked and contained in a bread roll
Pasta salad
Rice salad
Chicken wraps
Spring rolls
Lasagne
Filled bread rolls
Toasted sandwiches
Paella
Hot dog sandwiches
Pasta containing stuffings
Frozen pastry stuffed with meat and vegetables
Pastries consisting of vegetables and meat
Frozen pastry stuffed with vegetables
Pastries consisting of vegetables and fish
Savory pastries
Egg pies
Pies [sweet or savoury]
Pot pies
Frozen pizzas
Flavoured popcorn
Pizzas
Pizzas [prepared]
Preserved pizzas
Dry and liquid ready-to-serve meals, mainly consisting of rice
Prepared meals containing [principally] pasta
Wholewheat crisps
Snack food products made from potato flour
Sandwiches
Snack foods consisting principally of extruded cereals
Sushi
Canapes
French toast
Tortillas
Fresh pies
Cereal snack foods flavoured with cheese
Flavourings for snack foods [other than essential oils]
Crackers
Panettone
Fresh bread
Bread biscuits
Chocolate spreads for use on bread
Mixes for the preparation of bread
Crispbread snacks
Pastries
Petits fours [cakes]
Chocolates
Chocolate
Chocolate bars
Chocolate flavourings
Chocolate powder
Ice creams containing chocolate
Chocolate-based spreads
Condiments
Alimentary seasonings
Dried chili peppers seasoning
Food dressings [sauces]
Mixes for preparing sauces
Gravy mixes
Cooking sauces
Ice [frozen water]
Ice pops
Sorbets [water ices]
Ice cubes
Confectionery ices
Jelly beans
Sauces for ice cream
Frosting mixes
Rice
Tortilla chips
Confectionery chips for baking
Herbal infusions
Tea for infusions
Infusions, not medicinal
Microwave popcorn
Confectionery
Liquorice [confectionery]
Processed herbs
Natural sweeteners
Natural low calorie sweeteners
Semi-baked bread
Ice-cream cakes
Tea-based beverages
Chocolate drink preparations
Preparations for making beverages [coffee based].
The mark was filed in class 32 with following description of goods:
Soft drinks
Beer and brewery products
Juices
Waters
Fruit nectars, non-alcoholic
Fruit-flavoured beverages
Grape must, unfermented
Grape juice
Non-alcoholic preparations for making beverages
Flavoured carbonated beverages
Mineral and aerated waters
Beer
Craft beers
Beer-based cocktails
Energy drinks containing caffeine
Non-alcoholic beverages flavoured with coffee
Isotonic beverages
Waters [beverages]
Energy drinks
Protein drinks
Vegetable juices [beverages]
Beverages containing vitamins
Sports drinks
Tomato juice [beverage]
Cola drinks
Beer-based beverages
Smoothies
Mineral enriched water [beverages]
Vitamin fortified non-alcoholic beverages
Vitamin enriched sparkling water [beverages]
Concentrates for use in the preparation of soft drinks
Drinking water
Aerated water
Mineral water [beverages]
Carbonated mineral water
Flavored beers.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Wine
Liqueurs
Spirits [beverages]
Wines of protected appellation of origin
Wines of protected geographical indication
Preparations for making alcoholic beverages
Grape wine
Alcoholic preparations for making beverages
Cider
Pre-mixed alcoholic beverages
Aperitifs
Cocktails
Sweet wines
Table wines
Coffee-based liqueurs
Beverages containing wine [spritzers]
Low alcoholic drinks
Wine-based drinks
Alcoholic carbonated beverages, except beer
Bitters.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
Retail services in relation to meats
Retail services in relation to alcoholic beverages (except beer)
Retail services in relation to preparations for making beverages
Retail services in relation to preparations for making alcoholic beverages
Retail services in relation to non-alcoholic beverages
Retail services in relation to dietetic preparations
Retail services in relation to teas
Retail services in relation to coffee
Retail services in relation to cocoa
Retail services in relation to dairy products
Wholesale services in relation to preparations for making beverages
Wholesale services in relation to non-alcoholic beverages
Retail services in relation to beer
Retail services in relation to confectionery
Retail services in relation to desserts
Retail services in relation to chocolate
Retail services in relation to sorbets
Retail services in relation to frozen yogurts
Wholesale services in relation to alcoholic beverages (except beer)
Wholesale services in relation to beer
Wholesale services in relation to dietetic preparations
Wholesale services in relation to coffee
Wholesale services in relation to food preparation implements
Wholesale services in relation to frozen yogurts
Wholesale services in relation to sorbets
Wholesale services in relation to dairy products
Wholesale services in relation to baked goods
Wholesale services in relation to ice creams
Wholesale services in relation to seafood
Wholesale services in relation to desserts
Wholesale services in relation to confectionery
Retail services relating to food
Unmanned retail store services relating to drink
Unmanned retail store services relating to food
Retail services in relation to computer software
Wholesale services in relation to teas
Wholesale services in relation to cocoa
Wholesale services in relation to horticulture products
Wholesale services in relation to chocolate
Mail order retail services related to alcoholic beverages (except beer)
Retail services relating to delicatessen products
Retail services relating to candy
Retail services relating to fruit
Retail services relating to bakery products
Wholesale services relating to candy
Retail services relating to horticultural products
Retail services relating to alcoholic beverages
Retail services via global computer networks related to foodstuffs
Retail services via catalogues related to foodstuffs
Retail services via catalogues related to non-alcoholic drinks
Retail services via catalogues related to alcoholic beverages (except beer)
Mail order retail services related to foodstuffs
Mail order retail services related to beer
Mail order retail services related to non-alcoholic beverages
Retail services via global computer networks related to beer
Retail services via global computer networks related to non-alcoholic beverages
Retail services via global computer networks related to alcoholic beverages (except beer)
Retail services via catalogues related to beer
Advertising, marketing and promotional consultancy, advisory and assistance services
Distribution of advertising, marketing and promotional material
Provision and rental of advertising space, time and media
Product demonstrations and product display services
Public relations services
Trade show and commercial exhibition services
Direct marketing
Development of marketing concepts
Design of marketing surveys
Design of advertising flyers
Design of advertising brochures
Compilation, production and dissemination of advertising matter
Market campaigns
Product sampling
Assistance in product commercialization, within the framework of a franchise contract
Providing assistance in the field of product commercialization
Management assistance for promoting business
Marketing
Web indexing for commercial or advertising purposes
Providing user reviews for commercial or advertising purposes
Provision of information relating to marketing
Provision of information relating to advertising
Providing a searchable online advertising guide featuring the goods and services of other on-line vendors on the internet
Digital marketing
Arranging and conducting of marketing events
Arranging of product launches
Arranging of displays for advertising purposes
Organisation of trade fairs for advertising purposes
Marketing by telephone
Promotional marketing
Preparation of advertising material
Preparing promotional and merchandising material for others
Production of advertising material
Presentation of companies on the Internet and other media
Presentation of companies and their goods and services on the Internet
Sales promotion
Promoting the sale of fashion goods through promotional articles in magazines
Promoting the sale of goods and services of others through promotional events
Business promotion
Design of advertising materials
Promoting the goods and services of others
Sales promotion using audiovisual media
Promoting the goods and services of others through advertisements on Internet websites
Publication of publicity materials
Promotion, advertising and marketing of on-line websites
Promoting the goods and services of others by means of a preferred customer program
Digital advertising services
Advertising and marketing
Product launch services
Information services relating to advertising
Trade show and exhibition services
Brand creation services (advertising and promotion)
Brand creation services
Internet marketing
Services with regard to product presentation to the public
Advertising services relating to the sale of goods
Advertising services relating to the commercialization of new products
Administrative support and data processing services
Human resources management and recruitment services
Business consultancy and advisory services
Business assistance relating to franchising
Business management assistance in the field of franchising
Business assistance relating to the establishment of franchises
Commercial management
Business management services relating to electronic commerce
Business management of wholesale outlets
Business management of retail outlets
Business management of wholesale and retail outlets
Business management of restaurants
Business management for shops
Business administration and management
Management of a retail enterprise for others
Restaurant management for others
Provision of information and advisory services relating to e-commerce
Computerised compilation of order lists
Computerised compilation of customer indexes
Computerised compilation of stock control records
Rental of vending machines
Distribution of samples
Handbill distribution
Distribution of samples for publicity purposes
Distribution of flyers, brochures, printed matter and samples for advertising purposes
Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]
Production and distribution of radio and television commercials
Promoting the goods and services of others through the distribution of discount cards
Distribution of advertising mail and of advertising supplements attached to regular editions
Distribution of publicity materials (flyers, prospectuses, brochures, samples, particularly for catalogue long distance sales) whether cross border or not
Promoting the sale of goods and services of others through the distribution of printed material and promotional contests
Sales promotion for others provided through the distribution and the administration of privileged user cards
Arranging subscriptions to electronic journals
Subscriptions to electronic journals
Retail services connected with the sale of subscription boxes containing chocolates
Wholesale services in relation to meats
Advertising services for the promotion of beverages
Import agency services
Import-export agency services
Export agency services
Direct mail advertising
Online ordering services
Computerised stock ordering
Ordering services for third parties
On-line ordering services in the field of restaurant take-out and delivery
Administrative processing of purchase orders within the framework of services provided by mail-order companies
Subscription to an information media package
Arranging of subscriptions for the publications of others
Subscription to a television channel
Marketing research
Conducting of marketing studies
Product marketing
Marketing consulting
Professional consultancy relating to marketing
On-line advertising and marketing services
Marketing plan development
Preparation of marketing surveys
Marketing assistance
Development of marketing strategies and concepts
Marketing services in the field of restaurants
Market research and marketing studies
Arranging and conducting marketing promotional events for others