The trademark San Marzano No. 2 was filed by Antonio Viani Importe GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 25, 2023, and received one opposition filed on December 20, 2023 by CONSORZIO DI TUTELA DEL POMODORO S. MARZANO DELL'AGRO SARNESE-NOCERINO on Designation of origin or geographical indication prior to the date of application for registration of the EU mark. the opponent was represented by G.D. DI GRAZIA D'ALTO & C.S.N.C. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 20, 2023
It was designated 'Basic Application' for International Application null at the World Intellectual Property Organization (WIPO).
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 18 with Luggage, bags, wallets and other carriers, Umbrellas and parasols, Coats for animals.
The mark was filed in class 25 with Clothing, headgear, footwear, Parts of clothing, footwear and headgear.
The mark was filed in class 29 with following description of goods:
Tomato preserves, Processed tomatoes, Peeled tomatoes, Tomato preserves, Condensed tomatoes, Tomato purée, tomato juice for cooking, The aforesaid goods being made from S. Marzano tomatoes
Tomato preserves, Processed tomatoes, Peeled tomatoes, Tomato preserves, Condensed tomatoes, Tomato purée, tomato juice for cooking, The aforesaid goods being made from S. Marzano tomatoes from Italy
Tomato preserves, Processed tomatoes, Peeled tomatoes, Tomato preserves, Condensed tomatoes, Tomato purée, tomato juice for cooking, The aforesaid goods being made from 'Pomodoro San Marzano dell'Agro Sarnese-Nocerino' (GI) tomatoes.
The mark was filed in class 30 with following description of goods:
Tomato sauce, Tomato ketchup, Tomato sauce, The aforesaid goods being made from S. Marzano tomatoes
Tomato sauce, Tomato ketchup, Tomato sauce, The aforesaid goods being made from S. Marzano tomatoes from Italy
Tomato sauce, Tomato ketchup, Tomato sauce, The aforesaid goods being made from 'Pomodoro San Marzano dell'Agro Sarnese-Nocerino' (GI) tomatoes.