The trademark Oggi Gourmet was filed by Fabrizio Righini, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on February 9, 2022, and received one opposition filed on March 14, 2022 by HOCHLAND ESPAÑOLA, S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Ungría López, Javier and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 14, 2022
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:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk
Cheese
Mozzarella cheese
Butter
Yoghurt
Dairy products and dairy substitutes
Cream (dairy products)
Edible oils and fats
Broth
Vegetable extracts for food
Meat
Frozen prepared foods consisting predominantly of meats
Frozen prepared foods consisting predominantly of fish
Frozen food based primarily on seafood
Frozen prepared foods consisting predominantly of poultry
Frozen prepared foods consisting predominantly of game
Frozen prepared foods consisting predominantly of vegetables
Frozen prepared foods consisting predominantly of fruits
Prepared dishes mainly made from meat
Prepared meals consisting primarily of fish
Prepared meals consisting substantially of seafood
Prepared meals consisting principally of poultry
Prepared meals consisting principally of game
Ready meals consisting principally of vegetables
Prepared meals based primarily on fruit
Prepared meals consisting primarily of eggs
Prepared dishes consisting principally of meat
Prepared dishes mainly consisting of fish
Prepared meals primarily containing seafood
Prepared meals consisting primarily of poultry
Ready-made meals consisting primarily of game
Prepared meals consisting principally of vegetables
Prepared dishes based primarily on fruit
Prepared meals containing [principally] eggs
Dried fruit-based snacks
Fruit-based snack food
Candied fruit snacks
Vegetable-based snack food
Potato-based snack foods
Cheese-based snack foods
Nut-based snack foods
Milk-based snacks
Meat-based snack foods
Potato crisps in the form of snack foods
Preserves of game
Chilled dairy desserts
Fruit desserts, Desserts made from milk products
Yoghurt desserts.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Petits fours [cakes]
Cakes
Tarts
Fresh pies
Chocolate
Ice cream, sorbets and other edible ices
Sugar
Honey
Treacle
Muesli
Yeast
Baking powders
Mayonnaise
Cocoa-based beverages
Coffee-based beverages
Chocolate-based beverages
Tea-based beverages
Biscuits
Pasta
Deep frozen pasta
Frozen pastry stuffed with meat and vegetables
Rice-based prepared meals
Ready cooked meals consisting wholly or substantially wholly of pasta
Prepared meals based on rice
Prepared pizza meals
Pizzas
Pizza bases
Preparations made from cereals
Quiches
Salt, condiments, spices, dried herbs
Mustard
Ready-made sauces
Edible sandwiches
Cereal-based snack food
Rice-based snack food
Snack foods made from wheat
Snack bars containing a mixture of grains, nuts and dried fruit [confectionery]
Snack foods consisting principally of confectionery
Snack foods consisting principally of bread
Pasta sauce
Preparations for making up into sauces
Sauces for rice
Dips
Dressings for salad
Dessert mousses [confectionery]
Ice cream desserts
Puddings
Instant dessert puddings
Custards [baked desserts].
The mark was filed in class 32 with following description of goods:
Beer
Mineral and aerated waters and other non-alcoholic drinks
Fruit drinks and juices
Syrups and other preparations for making beverages.
The mark was filed in class 33 with Alcoholic beverages (except beers).
The mark was filed in class 35 with following description of goods:
Advertising and promotion
Organisation of events, shows and exhibitions for commercial, promotional or advertising purposes
Dissemination of advertisements and advertising and promotional materials (prospectuses, catalogues, printed matter, samples)
Business consultancy with regard to providing food and drink by means of a van
Retailing and wholesaling, including online in relation to the following goods: Meat, Fish, poultry and game, meat extracts, Preserved, frozen, dried and cooked fruits and vegetables, Jellies, jams, fruit sauces, Jams, Eggs, milk, Cheese products, mozzarella, Butter, Yogurt, Dairy products and substitutes therefor, Cream, Edible oils and fats, Broth, vegetable extracts for food
Retailing and wholesaling, including online in relation to the following goods: Charcuterie, Frozen food based primarily on meat, fish, seafood, poultry, game, vegetables, fruits, ready prepared meals made primarily of meat
Retailing and wholesaling, including online in relation to the following goods: Prepared meals consisting principally of fish, prepared meals consisting substantially of seafood, Prepared meals based principally on poultry
Retailing and wholesaling, including online in relation to the following goods: prepared meals consisting principally of game, Ready-made dishes consisting mainly of vegetables, Prepared meals based primarily on fruit, prepared consisting primarily of eggs, prepared and ready meals predominately made from meat, Ready-made meals consisting primarily of fish, prepared meals primarily containing seafood, Prepared meals consisting primarily of poultry, ready-made meals consisting primarily of game
Retailing and wholesaling, including online in relation to the following goods: Prepared meals consisting substantially of vegetables, Prepared dishes based primarily on fruit, prepared meals containing (principally) eggs
Retailing and wholesaling, including online in relation to the following goods: Nut-based snack foods, Fruit-based snack food, Snack foods based on crystallised fruits, Vegetable-based snack food, potato based snack foods, cheese-based snack foods, snacks of dried fruit, milk-based snacks, meat snacks, Crisps in the form of snacks, preserves of game, chilled dairy desserts, Fruit desserts, Desserts made of milk products, yoghurt dessert
Retailing and wholesaling, including online in relation to the following goods: Coffee, Tea, cocoa and artificial coffee, rice, Pasta and Noodles, Tapioca and sago, Flour and preparations made from cereals, bread, pastry and confectionery, Petits fours (cakes), Desserts, Tarts, Fresh cakes, Chocolate, ice cream, Sorbets and other edible ices, Sugar, honey, treacle, Muesli
Retailing and wholesaling, including online in relation to the following goods: Yeast, Baking-powder, Mayonnaise, Cocoa-based beverages, Coffee-based beverages, Chocolate-based beverages, beverages made of tea, Biscuits, Pasta, Deep frozen pasta, Frozen pastry stuffed with meat and vegetables, prepared meals based on rice, ready-cooked meals consisting wholly or substantially of pasta, Ready meals containing rice, Prepared pizza meals, Pizza, Pizza bases, Preparations and products made from cereals
Retailing and wholesaling, including online in relation to the following goods: Quiches, Salt, condiments, spices, preserved herbs, Mustard
Retailing and wholesaling, including online in relation to the following goods: Ready-made sauces, Sandwich makers, Cereal-based snack food, Rice-based snack food, Wheat-based snacks, Snack bars containing a mixture of cereals, nuts and dried fruit (confectionery), Snack foods consisting principally of confectionery, Snack foods consisting mainly of bread, Pasta sauces, Preparations for making up into sauces, Sauces for rice, dips, Ready-made sauces, salad dressings, Mousse (dessert), Ice desserts, puddings
Retailing and wholesaling, including online in relation to the following goods: Instant dessert puddings, Custards (baked desserts)
Retailing and wholesaling, including online in relation to the following goods: Beer, Mineral and aerated waters and other non-alcoholic drinks, fruits drinks and fruit juices, Syrups and other preparations for making beverages, Alcoholic beverages (except beers).
The mark was filed in class 39 with following description of goods:
Food delivery services
Packing of food
Food delivery services
Delivery Relating to the following goods: Beverages
Delivery of foodstuffs and prepared dishes.
The mark was filed in class 43 with following description of goods:
Preparation of meals
Supplying of meals for immediate consumption
Food preparation for others on an outsourcing basis
Information and advice in relation to the preparation of meals
Services for providing food and drink
Take-away food and drink services
Catering services for the provision of food
Consultancy services in the field of food and drink catering
Meals delivered to the home and preparation of meals and dishes to take away
Food preparation and providing advice and information relating thereto
Providing food, drinks and prepared meals for delivery or pick up
The provision of a database in the field of recipes
All the aforesaid services also provided via electronic means such as the Internet
Providing of food and drink via a mobile truck
Services for the preparation of food and drink
Preparation of meals
Café services
Take-away fast food services
Mobile catering services
Mobile restaurant services
Information, advice and reservation services for the provision of food and drink