The trademark CAPANNA MARGHERITA was filed by PINK MOUNTAINS S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on January 31, 2022, and received one opposition filed on April 28, 2022 by SANTA MARGHERITA S.p.A. on Likelihood of confusion. the opponent was represented by STUDIO PROFESSIONALE ASSOCIATO A BAKER & MCKENZIE
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 3 with following description of goods:
Bleaching preparations and other substances for laundry use
Polishing preparations
Polishing preparations
Grease-removing preparations
Abrasives
Soap
Perfumery, essential oils
Cosmetics
Hair care lotions
Dentifrices
Massage candles for cosmetic purposes
Massage oils and lotions
Household fragrances
Deodorants and antiperspirants
Body deodorants [perfumery]
Non-medicated cosmetics and toiletry preparations
Oral care preparations [non-medicated]
Washing preparations for personal use
Toiletries
Make-up
Body cleaning and beauty care preparations
Bath preparations
Hair preparations and treatments
Hair removal and shaving preparations
Skin, eye and nail care preparations.
The mark was filed in class 18 with following description of goods:
Leather
Imitation leather
Trunks [luggage]
Suitcases
Bags
Chain mesh purses
Net bags for shopping
Handbags
Rucksacks
Sports packs
School bags
Travel baggage
Bags for sports
Bags for climbers
Vanity cases, not fitted
Key cases
Document holders of leather or imitations of leather
The mark was filed in class 25 with following description of goods:
Clothing
Sportswear
Casual jackets
Jackets [clothing]
Raincoats
Overcoats
Dresses
Menswear
Ladies' clothing
Children's wear
Underwear
Jerseys [clothing]
Clothing of leather
Leather (clothing of imitations of -)
Pelisses
Knitwear [clothing]
Sweaters
Undershirts
Tee-shirts
Cloaks
Skirts
Trousers
Bermuda shorts
Shirts
Socks
Socks
Tights
Leotards
Loungewear
Girdles
Combinations [clothing]
Underpants
Suits
Pants
Knickers
Brassieres
Pyjamas
Bathing wear
Dressing gowns
Shawls
Collar protectors
Waist belts
Braces [suspenders] for clothing
Headgear
Berets
Headgear
Scarves
Pocket squares
Gloves [clothing]
Footwear
Training shoes
Boots
Shoes
Mountaineering boots
Sandals
Slippers
Slippers
Bonnets
Bandanas [neckerchiefs]
Neck warmers
Ski balaclavas
Face mask [clothing].
The mark was filed in class 29 with following description of goods:
Meat and meat products
Cold cuts
Sausages
Fish, not live
Poultry
Game, not live
Meat extracts
Fruit, preserved
Frozen fruits
Fruit, stewed
Dried fruit
Preserved vegetables
Frozen vegetables
Vegetables, dried
Vegetables, cooked
Jellies, jams, compotes, fruit and vegetable spreads
Birds eggs and egg products
Milk
Milk products
Beverages having a milk base
Cheese
Dairy products and dairy substitutes
Edible oils and fats
Processed fruits, fungi, vegetables, nuts and pulses
Mushrooms, preserved
Fruit- and nut-based snack bars.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Rice
Tapioca
Sago
Flour
Cereal preparations
Bread
Pastries
Biscuits
Tarts
Cakes
Bakery goods
Confectionery
Chocolate
Ice cream
Sugar
Honey
Treacle
Syrup for food
Yeast and leavening agents
Salts, seasonings, flavourings and condiments
Mustard
Vinegar
Sauces [condiments]
Ice [frozen water]
Cereal bars and energy bars
Snack bars containing a mixture of grains, nuts and dried fruit [confectionery]
Dried and fresh pastas, noodles and dumplings
Breakfast cereals, porridge and grits.
The mark was filed in class 31 with following description of goods:
Cereal seeds, unprocessed
Raw and unprocessed agricultural products
Raw and unprocessed forestry products
Live animals
Fresh fruits, nuts, vegetables and herbs
Seeds for planting
Natural plants and flowers
Meal for consumption by animals
Malt
Mushrooms, fresh
Plants and their fresh produce
Bait, not artificial
Grains [cereals]
Eggs for hatching, fertilized
Unseasoned timber.
The mark was filed in class 32 with following description of goods:
Beer
Mineral and aerated waters
Soft drinks
Fruit juice beverages
Syrups and other non-alcoholic preparations for making beverages
Non-alcoholic beverages.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Liqueurs
Digestifs [liqueurs and spirits]
Pre-mixed alcoholic beverages, other than beer-based
None of the aforesaid goods include wines and sparkling wines.
The mark was filed in class 41 with following description of goods:
Teaching
Training
Entertainment services
Sporting and cultural activities
Sports and fitness services
Rental services relating to equipment and facilities for education, entertainment, sports and culture
Education and providing of training relating to sport
Physical fitness instruction
Personal trainer services [fitness training]
Entertainment services
Organisers of sports events and sporting competitions
Conducting of educational and recreational events, Conducting of cultural events
Organisation of cultural productions and entertainment
Arranging and conducting of conferences, congresses and symposiums
Photography
Photographic reporting
Organization of balls, Arranging of contests, Administration [organisation] of competitions, Organization of exhibitions, For entertainment purposes, for cultural purposes, For educational purposes
Providing of information online relating to education, providing of training, entertainment, sporting and cultural activities
Health club services [health and fitness training]
Health club services [health and fitness training]
Health and wellness training
Training in yoga
Teaching of meditation practices.
The mark was filed in class 43 with following description of goods:
Hotels, hostels and boarding houses, holiday and tourist accommodation
Rental of temporary accommodation in holiday homes and flats
Providing accommodation in hotels and motels
Bar and restaurant services
Serving food and drinks
Services for providing drink
Services for providing food
Take-away restaurant services
Boarding for animals
Animal pound services
Providing temporary accommodation
Nurseries and day care centers
Travel agencies for arranging accommodation
Travel agency services for booking temporary accommodation
Temporary accommodation information, advice and reservation services.
The mark was filed in class 44 with following description of goods:
Medical services
Animal healthcare services
Human hygiene and beauty care
Chiropractic, Psychotherapy services, Acupuncture, Osteopathy, Massage and Paramedicine
Sports medicine services
Psychological counseling services in the field of sports
Providing of services offered in spas specialising in the promotion of health and wellness