The trademark MORETTA FIZZ was filed by Moretta Covalo Holding B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on October 20, 2022, and received one opposition filed on January 15, 2023 by Heineken Italia S.p.A. on Likelihood of confusion. the opponent was represented by PERANI & PARTNERS SPA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 15, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 33 with Alcoholic beverages (except wine and beers).
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retailing relating to foodstuffs, dairy products, sweets, soft drinks, alcoholic beverages not including wine and/or beverages made from wine, fresh meals and kitchen utensils
Import and export services
Advertising and sales promotion
Writing of publicity texts
Publication of publicity texts
Distribution of samples for publicity purposes
Wholesaling, namely business mediation in the wholesaling of foodstuffs, dairy products, sweets, soft drinks, alcoholic beverages not including wine and/or beverages made from wine, fresh meals, kitchen utensils and care products
Business assistance in the running of supermarkets
Sales promotion
The bringing together, for the benefit of others, of foodstuffs, dairy products, sweets, soft drinks, alcoholic beverages not including wine and/or beverages made from wine, fresh meals and kitchen utensils, enabling customers to conveniently view and purchase those goods
Providing online retailing and online ordering (administrative processing of orders) in the field of foodstuffs, dairy products, sweets, soft drinks, alcoholic beverages not including wine and/or beverages made from wine, fresh meals and kitchen utensils
Administrative management of advantage, discount and savings programmes
Business mediation in relation to providing supermarket products via electronic means
Commercial administration of the licensing of the goods and services of others
Market canvassing, research and analysis
Compilation of statistics
Opinion polling and surveys
Compilation of information into computer databases
Arranging and conducting advertising events and compilation and execution of advertisements
Arranging and conducting promotional events and activities (sales promotion)
Office functions within the framework of drawing up and concluding franchise agreements for retail companies
Organisation of trade fairs for commercial or advertising purposes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Bar, Cafés, Hotels and Restaurant services
Hotel services
Rental of temporary accommodation for meetings, receptions, parties, exhibitions, trade fairs, congresses, conferences, workshops, seminars and other similar events
Consultancy relating to the selection of wines, (alcoholic) beverages and meals
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not via electronic channels, including the Internet
The aforesaid services not provided by retirement homes.