The trademark Heres was filed by CRISTOFERO FRANCO ARENA, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on June 20, 2022, and received one opposition filed on July 29, 2022 by LES VIGNOBLES ELIE JEUNE on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by MCL AVOCATS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 29, 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
Poultry
Game, not live
Meat extracts
Meat spreads
Meat, preserved
Fish, seafood and molluscs, not live
Crustaceans, not live
Fish, seafood and molluscs spreads
Fish-based foodstuffs
Processed fruits, fungi, vegetables, nuts and pulses
Vegetable jellies
Meat gelatines
Fish jellies
Marmalade
Compotes
Spreads consisting mainly of eggs
Jellies, jams, compotes, fruit and vegetable spreads
Dairy products and dairy substitutes
Cheese
Birds eggs and egg products
Edible oils and fats
Chowder
Pre-cooked soup
Miso soup
Broth
Butter
Caviar
Jams
Vegetables, preserved
Vegetables, cooked
Vegetables, dried
Whipping cream
Tomato purée
Pickles
Yoghurt
Prepared vegetable dishes
Prepared dishes consisting principally of meat
Prepared meals containing [principally] eggs
Olive oil
Extra virgin olive oil for food
Olives, preserved
Olives, [prepared]
Canned processed olives
Processed olive puree
Olive paste
Olive puree
Blended oil [for food]
Preserves, pickles
Fish in olive oil
Lemon curd
Tomato preserves
Processed artichokes
Artichokes, preserved
Artichoke paste
Processed peppers
Pickled peppers
Prepared peppers
Vegetable soup preparations
Vegetables, tinned
Onions, preserved
Lentils, preserved
Mushrooms, preserved
Tomato juice for cooking
Tomato paste
Salami
Stews
Grilled vegetables
Gherkins
Spicy pickles
Oils for food
Bone oil for food
Rape oil for food
Maize oil for food
Palm kernel oil for food
Palm oil for food
Sesame oil for food
Coconut oil for food
Sunflower oil for food
Cocoa butter for food
Coconut butter
Peanut butter
Edible fats
Coconut fat
Fatty substances for the manufacture of edible fats
Margarine
Suet for food
Milk
Milk beverages, milk predominating
Milk products
Powdered milk
Condensed milk
Soya milk
Curd
Drinks made from dairy products
Flavoured milk
Milk shakes
Prostokvasha [soured milk]
Kephir [milk beverage]
Buttercream
Cream [dairy products]
Smetana [sour cream]
Whipped cream
Tofu
Cheese spreads
Cream cheese
Soft white cheese
Cancoillotte
Soft cheese
Cheese substitutes
Anchovy, not live
Bacon
Black pudding
Clams, not live
Crayfish, not live
Fish fillets
Fish, not live
Fish, preserved
Herrings, not live
Dried herring roe
Kipper fillets
Ham
Lobsters, not live
Meat preserves
Mussels, not live
Oysters, not live
Pork
Poultry, not live
Prawns, not live
Salmon, not live
Smoked salmon
Salmon croquettes
Salted fish
Salted meats
Sardines, not live
Sausages
Sea-cucumbers, not live
Shellfish, not live
Shrimps, not live
Tripe
Tuna in oil
Tuna, not live
Tuna fish [preserved]
Liver
Liver pâté
Isinglass for food
Preparations for making soup
Almonds, ground
Apple purée
Beans, preserved
Coconut, desiccated
Croquettes
Crystallized fruits
Dates
Frozen fruits
Sliced fruit
Fruit preserved in alcohol
Fruit salads
Fruit-based snack food
Fruit, preserved
Fruit, stewed
Fruit preserves
Peanuts, prepared
Peas, preserved
Potato crisps
Potato puffs
Potato fritters
Raisins
Rennet
Soya beans, preserved, for food
Toasted laver
Truffles, preserved
Vegetable juices for cooking
Alginates for culinary purposes
Pectin for culinary purposes
Broth concentrates
Preparations for making bouillon
Cranberry compote
Jellies for food
Fruit jellies
Meat jellies
Ginger jam
Gelatine
Pollen prepared as foodstuff
Powdered eggs
Albumen for culinary purposes
White of eggs
Yolk of eggs
Whey
Silkworm chrysalis for human consumption
Fish mousses
Sunflower seeds, prepared
Fish roe, prepared
Seeds, prepared
Sauerkraut
Snack mixes consisting of dehydrated fruit and processed nuts
Fish meal for human consumption
Quail eggs
Seaweed extracts for food
Dried dates
Prepared walnuts
Edible birds' nests
Dried meat
Processed shallots [used as a vegetable, not seasoning]
Snail eggs for consumption
Soups
Lard
Potato snacks
Potato-based snack foods
Desserts made from milk products
Dairy puddings
Cheese dips
Dairy-based dips
Prepared meals consisting principally of game
Prepared meals consisting substantially of seafood
Prepared meals containing [principally] chicken
Prepared meals containing [principally] bacon
Vegetables, processed
Prepared meals consisting principally of vegetables
Eggs
Fritters
Fruit spreads
Nut-based spreads
Roasted nuts
Dairy spreads
Artificial milk based desserts
Drinks based on yogurt
Cottage cheese
Chilled dairy desserts
Dairy-based whipped topping
Milk substitutes
Almond milk
Rice milk
Coconut milk
Oat milk
Peanut milk
Oat-based beverages [milk substitute]
Soya-based beverages used as milk substitutes
Double cream
Aubergine paste
Custard style yoghurts
Low fat dairy spreads.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Cocoa
Artificial coffee
Rice
Tapioca
Sago
Flour
Cereal preparations
Bread
Bread rolls
Filled bread rolls
Sandwich wraps [bread]
Wraps [sandwich]
Hamburgers contained in bread rolls
Ice cream
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Honey
Treacle
Yeast
Baking powder
Farinaceous foods
Bakery goods
Salt
Pepper
Mustard
Vinegar
Sauces [condiments]
Spices
Piccalilli
Ice, natural or artificial
Seasonings
Food flavourings, other than essential oils
Coffee flavourings
Coffee-based beverages
Biscuits
Petit-beurre biscuits
Salted biscuits
Bread biscuits
Rice biscuits
Biscuits containing fruit
Biscotti dough
Pastries, cakes, tarts and biscuits (cookies)
Cake batter
Tarts [sweet or savoury]
Cake mixes
Cake frosting [icing]
Buns
Puddings
Caramels [candy]
Waffles
Chocolate
Crackers
Pancakes
Pastries
Cakes
Natural sweeteners
Pies
Confectionery
Fondants [confectionery]
Dessert mousses [confectionery]
Long-life pastry
Savory pastries
Fresh pasties
Pasta
Fresh pasta
Dried pasta
Pasta containing stuffings
Ravioli
Dried and fresh pastas, noodles and dumplings
Lasagne
Cannelloni
Sandwiches
Pizzas
Sauces for pizzas
Pizza bases
Pizza dough
Pizza mixes
Pizza crust
Pre-baked pizzas crusts
Peppers [seasonings]
Cereal-based snack food
Sherbets [ices]
Tomato sauce
Rice-based snack food
Prepared rice dishes
Prepared pizza meals
Prepared meals containing [principally] pasta
Wine vinegar
Flavoured vinegar
Balsamic vinegar
Confectionery ices
Sauces
Ice [frozen water]
Sugar
Dressings for salad
Condiments
Taco seasoning
Dry seasonings
Candy
Propolis
Non-medicated candy
Candies (Non-medicated -) with honey
Gnocchi
Pastry dough
Brownies
Cheesecakes
Wafers
Chocolate candies
Chocolate spreads
Chocolate topping
Confectionery in frozen form
Ice cream desserts
Ice confectionery
Frozen cakes
Frozen pastries
Frozen yoghurt [confectionery ices]
Preparations made from cereals
Ice cream with fruit
Cones for ice cream
Mousse confections
Custard.
The mark was filed in class 31 with following description of goods:
Algae for human or animal consumption
Flowers
Fresh fruits, nuts, vegetables and herbs
Foodstuffs and fodder for animals
Agricultural and aquacultural crops, horticulture and forestry products
Bedding and litter for animals
Seeds, bulbs and seedlings for plant breeding
Fungi
Plant residues (raw materials)
Plants
Natural turf
Malts and unprocessed cereals
Trees and forestry products
Aloe vera plants
Aromatic sand [litter] for pets
Trees
Flower corms
Nettles
Peanut meal for animals
Peanut cake for animals
Edible chews for animals
Edible sesame, unprocessed
Fish meal for animal consumption
Berries, fresh
Peanuts, fresh
Hazelnuts, fresh
Animal foodstuffs
Straw [forage]
Meal for animals
Grains for animal consumption
Lime for animal forage
Pet food
Fruit, fresh
Fresh pulses
Barley
Sanded paper [litter] for pets
Beverages for pets
Grains [cereals]
Plants, dried, for decoration
Oats
Yeast for animal consumption
Hay
Undressed timber
Hops
Dog biscuits
Potatoes, fresh
Seed germ for botanical purposes
Bran
Bran mash for animal consumption
Coconuts
Coconut shell
Kola nuts
Strengthening animal forage
Garlands of natural flowers
Copra
Linseed for animal consumption
Linseed meal for animal consumption
Flax meal [fodder]
Maize
Maize cake for cattle
Almonds [fruits]
Animal fattening preparations
Stall food for animals
Straw mulch
Cereal seeds, unprocessed
Quinoa, unprocessed
Unprocessed sweet corn ears [husked or unhusked]
Buckwheat, unprocessed
Edible linseed, unprocessed
Nuts [fruits]
Oil cake
Palms [leaves of the palm tree]
Palm trees
Seedlings for planting
Peppers [plants]
Pollen [raw material]
Rape cake for cattle
Rice meal for forage
Rye
Raw barks
Locust beans, raw
Cocoa beans, raw
Rough cork
Unsawn timber
Seeds for planting
Cuttle bone for birds
Litter for animals
Straw litter
Pine cones
Bred stock
Litter peat
Flowers, dried, for decoration
Rice, unprocessed
Fodder
Salt for cattle
Bird food
Juniper berries
Christmas trees
Wheat
Wheat germ for animal consumption
Roots for animal consumption
Chicory roots
Bagasses of cane [raw material]
Sugarcane
Active dried yeast for animals
Hop cones
Unprocessed horticultural products
Plants and their fresh produce
Natural plants
Cut flowers.
The mark was filed in class 32 with following description of goods:
Beer
Beer-based beverages
Non-alcoholic beer flavored beverages
Malt beer
Wheat beer
Imitation beer
Non-alcoholic beer
Soft drinks
Fruit juice beverages
Smoothies
Fruit drinks
Flavoured carbonated beverages
Nut and soy based beverages
Aperitifs, non-alcoholic
Mineral water [beverages]
Carbonated mineral water
Non-alcoholic preparations for making beverages
Powders used in the preparation of fruit-based beverages
Syrups and other non-alcoholic preparations for making beverages
Essences for making beverages
Powders for effervescing beverages
Sherbets [beverages].
The mark was filed in class 33 with following description of goods: