The trademark GOURMODE was filed by Gourmode s.r.l.s., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 4, 2022, and received one opposition filed on July 3, 2022 by ZERTUS Marken GmbH on Likelihood of confusion. the opponent was represented by ZENK RECHTSANWÄLTE PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 3, 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 3 with following description of goods:
Eau de Cologne
Micellar water
Toilet water
Scented water
Aromatics [essential oils]
Hair balsam
Body glitters
Massage candles for cosmetic purposes
Wax melts [fragrancing preparations]
Gel eye patches for cosmetic purposes
False eyelashes
Hair dyes
Cosmetics
Cosmetic creams
Dentifrices
Ethereal essences
Herbal extracts for cosmetic purposes
Extracts of flowers [perfumes]
Incense
Hair spray
Hair lotions
Lotions for cosmetic purposes
Lip glosses
Mascara
Beauty masks
Oils for toilet purposes
Ethereal oils
Pumice stone
Sun-tanning preparations [cosmetics]
Cosmetic preparations for baths
Collagen preparations for cosmetic purposes
Hair straightening preparations
Hair waving preparations
Perfumery
Make-up
Nail care preparations
Perfumes
Air fragrancing preparations
Lipsticks
Bath salts, not for medical purposes
Tissues impregnated with make-up removing preparations
Soap
Shampoos
Dry shampoos
Talcum powder, for toilet use
Cosmetic dyes
Toners for cosmetic purposes
Tissues impregnated with cosmetic lotions
False nails.
The mark was filed in class 8 with following description of goods:
Silver plate [knives, forks and spoons]
Whetstone holders
Spanners [hand tools]
Cutlery
Spoons
Table knives, forks and spoons for babies
Diggers [hand tools]
Scissors
Table forks
Pincers
Sculptors' chisels
Stamping-out tools [hand tools]
Sharpening instruments.
The mark was filed in class 9 with following description of goods:
Spectacle cases
Containers for contact lenses
Ear pads for headphones
Portable chargers for batteries
Integrated circuit cards [smart cards]
USB flash drives
Laptop computers
Headsets
Contact lenses
Spectacle lenses
Magnets
Spectacle frames
Notebook computers
Spectacles
Sunglasses
Goggles for sports
Smartglasses
3D spectacles
Smartphones
Computer software, recorded
Tablet computers
Mouse pads
Camcorders.
The mark was filed in class 14 with following description of goods:
Paste jewellery
Rings [jewellery]
Silver, unwrought or beaten
Shoe jewellery
Hat jewellery
Bracelets [jewellery]
Bracelets made of embroidered textile [jewellery]
Watch bands
Watch chains
Chains [jewellery]
Clasps for jewellery
Jewellery charms
Necklaces [jewellery]
Diamonds
Tie clips
Gold thread [jewellery]
Threads of precious metal [jewellery]
Jewellery findings
Cuff links
Jewellery
Medals
Lockets [jewellery]
Precious metals, unwrought or semi-wrought
Coins
Earrings
Wristwatches
Pearls [jewellery]
Semi-precious stones
Precious stones
Key rings [split rings with trinket or decorative fob]
Rosaries
Boxes of precious metal
Tie pins
Pins [jewellery]
Figurines of precious metal
Paste jewellery.
The mark was filed in class 16 with following description of goods:
Aquarelles
Gums [adhesives] for stationery or household purposes
Albums
Almanacs
Hand labelling appliances
Modelling clay
Stationery
Office requisites, except furniture
Towels of paper
Desktop cabinets for stationery [office requisites]
Stickers [stationery]
Table linen of paper
Tickets
Pads [stationery]
Envelopes [stationery]
Inkwells
Calendars
Hat boxes of cardboard
Paper
Wrapping paper
Writing paper
Sewing patterns
Drawer liners of paper, perfumed or not
Papers for painting and calligraphy
Cards
Geographical maps
Folders for papers
Posters
Postcards
Catalogues
Painters' easels
Sealing wax
Pen clips
Gums [adhesives] for stationery or household purposes
Covers [stationery]
Flower-pot covers of paper
Elastic bands for offices
Labels of paper or cardboard
Marking pens [stationery]
Handkerchiefs of paper
Paperweights
Clips for offices
Drawing materials
Writing materials
Photographs [printed]
Postage stamps
Comics
Newspapers
Glitter for stationery purposes
Colouring pictures
Graphic prints
Ink
Blackboards
Type [numerals and letters]
Booklets
Books
Typewriters, electric or non-electric
Terrestrial globes
Stencils [stationery]
Pencils
Engravings
Lithographic works of art
Pamphlets
Announcement cards [stationery]
Modelling paste
Pastels [crayons]
Pens [office requisites]
Paintbrushes
Periodicals
Pencil holders
Passport holders
Penholders
Prospectuses
Printed publications
Writing or drawing books
Loose-leaf binders
Magazines [periodicals]
Conical paper bags
Boxes of paper or cardboard
Bookmarkers
Inkstands
Writing cases [sets]
Seals [stamps]
Drawing instruments
Writing instruments
Note books
Paper knives [letter openers]
Palettes for painters
Stamps [seals]
Table napkins of paper
Flyers.
The mark was filed in class 18 with following description of goods:
Clothing for pets
Saddlery
Key cases
Walking staffs
Trunks [luggage]
Bags
Beach bags
Bags for sports
Chain mesh purses
Purses
Handbags
Travelling sets [leatherware]
Briefcases
Collars for animals
Leather cord
Adhesive tags of leather for bags
Labels of leather
Moleskin [imitation of leather]
Imitation leather
Pouch baby carriers
Umbrellas
Vegan leather
Fur
Animal skins
Curried skins
Business card cases
Credit card cases [wallets]
Card cases [notecases]
Pocket wallets
Haversacks
Imitation leather
Luggage tags
Attaché cases
Suitcases
Rucksacks.
The mark was filed in class 21 with following description of goods:
Cruets
Bottle openers, electric and non-electric
Basins [receptacles]
Cocktail stirrers
Cooking pot sets
Drinking glasses
Cups of paper or plastic
Tankards
Candy boxes
Bottles
Jugs
Butter dishes
Coffeepots, non-electric
Stemware
Candelabra [candlesticks]
Decanters
Lazy susans
Stew-pans
Corkscrews, electric and non-electric
Epergnes
Plate glass [raw material]
Mixing spoons [kitchen utensils]
Serving spoons
Comb cases
Wine pourers
Aromatic oil diffusers, other than reed diffusers
Soap dispensers
Window-boxes
Flasks
Serving forks
Cages for collecting insects
Watering cans
Salad bowls
Majolica
Mosaics of glass, not for building
Fitted vanity cases
Fitted picnic baskets, including dishes
Works of art of porcelain, ceramic, earthenware, terra-cotta or glass
China ornaments
Make-up brushes
Basting brushes
Combs
Table plates
Dishes
Paper plates
Saucers
Disposable table plates
Porcelain ware
Potholders
Ceramics for household purposes
Kitchen containers
Salt cellars
Boxes of glass
Cookie jars
Tea caddies
Nutcrackers
Coffee services [tableware]
Liqueur sets
Spice sets
Tea services [tableware]
Trivets [table utensils]
Brushes
Sponges for household purposes
Cake moulds
Moulds [kitchen utensils]
Cups
Earthenware saucepans
Teapots
Kitchen utensils
Cosmetic utensils
Pots
Pottery
Vases
Sugar bowls
Soup tureens.
The mark was filed in class 25 with following description of goods:
Waterproof clothing
Clothing of imitations of leather
Latex clothing
Clothing of leather
Clothing for gymnastics
Embroidered clothing
Dresses
Jumper dresses
Bath robes
Bandanas [neckerchiefs]
Berets
Underwear
Boas [necklets]
Teddies [underclothing]
Braces [suspenders] for clothing
Corsets [underclothing]
Footwear
Training shoes
Stockings
Hosiery
Breeches for wear
Dresses
Shirts
Sports singlets
Headgear
Hats
Casual jackets
Belts [clothing]
Tights
Collars [clothing]
Detachable collars
Layettes [clothing]
Bathing suits
Beach clothes
Cravats
Bathing caps
Headbands [clothing]
Pocket squares
Scarves
Gaiters
Jackets [clothing]
Garters
Skirts
Overalls
Gloves [clothing]
Knitwear [clothing]
Jerseys [clothing]
Kimonos
Leggings [leg warmers]
Sports jerseys
Sweaters
Muffs [clothing]
Pelerines
Sleep masks
Trousers
Slippers
Ear muffs [clothing]
Parkas
Pelisses
Pyjamas
Cuffs
Ponchos
Sandals
Shoes
Shawls
Half-boots
Boots
Fur stoles
Heels
Tee-shirts
Turbans
Combinations [clothing]
Veils [clothing]
Dressing gowns
Cap peaks
Wooden shoes.
The mark was filed in class 30 with following description of goods:
Vinegar
Seaweed [condiment]
Seasonings
Coffee flavourings
Food flavourings, other than essential oils
Stick liquorice [confectionery]
Cocoa-based beverages
Coffee-based beverages
Tea-based beverages
Sweetmeats [candy]
Cocoa
Coffee
Caramels [candy]
Liqueur chocolates
Chocolate
Chocolate-based spreads
Condiments
Confectionery
Pralines
Croûtons
Cakes
Flour
Fondants [confectionery]
Ice cream
Fruit jellies [confectionery]
Chewing gum
Liquorice [confectionery]
Macaroons [pastry]
Honey
Pastries
Petits fours [cakes]
Noodle-based prepared meals
Pizzas
Ramen [Japanese noodle-based dish]
Rice
Sauces [condiments]
Peppers [seasonings]
Processed seeds for use as a seasoning
Sherbets [ices]
Spices
Cocoa substitutes
Artificial coffee
Tea substitutes
Meat gravies
Sushi
Tea
Herb tea
Tarts
Sugar.
The mark was filed in class 35 with following description of goods:
Rental of advertising time on communication media
Shop window dressing
Administration of consumer loyalty programs
Business management assistance
Consultancy regarding advertising communication strategies
Consultancy regarding public relations communication strategies
Demonstration of goods
Conducting of commercial events
Distribution of samples
Business information
Provision of an online marketplace for buyers and sellers of goods and services
Marketing
Influencer marketing
Targeted marketing
Organization of exhibitions for commercial or advertising purposes
Organization of trade fairs
Organization of fashion shows for promotional purposes
Search engine optimization for sales promotion
Production of advertising films
Consumer profiling for commercial or marketing purposes
Sales promotion for others
Promotion of goods through influencers
Advertising
Writing of publicity texts
Public relations services
Sponsorship search
Marketing research
Market studies
Advertising agency services
Corporate communications services
Business consulting services for digital transformation
Lead generation services
Modelling for advertising or sales promotion
Commercial intermediation services
News clipping services
Advertising services to create brand identity for others
Development of advertising concepts.
The mark was filed in class 41 with following description of goods:
Conducting guided tours
Radio entertainment
Television entertainment
Teaching
Escape room [entertainment]
Providing entertainment information
Providing information in relation to education
Providing online videos, not downloadable
Providing online electronic publications, not downloadable
Arranging of entertainment events
Arranging of beauty contests
Organization of competitions [education or entertainment]
Organization of exhibitions for cultural or educational purposes
Organization of fashion shows for entertainment purposes
Arranging and conducting of conferences
Arranging and conducting of seminars
Arranging and conducting of workshops [training]
Online publication of electronic books and journals
Electronic publishing services
Cultural, educational or entertainment services provided by art galleries
Entertainer services
Health club services [health and fitness training]
Entertainment services
Photography
Nightclub services [entertainment]
Video editing services for events.
The mark was filed in class 43 with following description of goods:
Rental of holiday accommodation
Decorating of food
Information and advice in relation to the preparation of meals
Rental of temporary accommodation
Hotel reservations
Temporary accommodation reservations
Food sculpting
Accommodation bureau services [hotels, boarding houses]
Bar services
Café services
Cafeteria services
Tourist home services
Food and drink catering
Personal chef services
Food reviewing services [provision of information about food and drinks]