The trademark DON DIEGO was filed by Gandolfo S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on December 10, 2023, and received one opposition filed on March 9, 2024 by Eckes-Granini Group GmbH on Likelihood of confusion. the opponent was represented by Prinz Reuss, Heinrich and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 9, 2024
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on August 5, 2024.
Goods And Services
The mark was filed in class 29 with following description of goods:
Preserved, frozen, dried and cooked fruits and vegetables
Processed fruits, fungi, vegetables, nuts and pulses
Frozen vegetables
Preserved vegetables
Dried fruit
Jellies, jams, compotes, fruit and vegetable spreads
Pickles
Onions, preserved
Cranberry compote
Jams
Preserved garlic
Fruit preserves
Vegetables, tinned
Sauerkraut
Dates
Soya beans, preserved, for food
Beans, preserved
Potato puffs
Milk shakes
Sliced fruit
Fruit preserved in alcohol
Crystallized fruits
Mushrooms, preserved
Fruit jellies
Vegetable soup preparations
Vegetables, preserved
Vegetables, cooked
Vegetables, dried
Lentils, preserved
Fruit salads
Vegetable salads
Almonds, ground
Margarine
Vegetable mousses
Coconut, desiccated
Prepared walnuts
Tomato purée
Potato crisps
Low-fat potato crisps
Peas, preserved
Fruit pulp
Apple purée
Fruit-based snack food
Vegetable juices for cooking
Tomato juice for cooking
Truffles, preserved
Raisins
Ginger jam.
The mark was filed in class 31 with Raw and unprocessed agricultural, horticultural and forestry products other than Kalanchoe and Pelargonium and Fresh fruit and vegetables, fresh garden herbs..
The mark was filed in class 35 with following description of goods:
Wholesaling and retailing services, Including online, in relation to the following goods: Preserved, frozen, dried and cooked fruits and vegetables, Jellies, jams, fruit sauces, Raw and unprocessed agricultural, horticultural and forestry products, Fresh fruits and vegetables, Fresh garden herbs
Wholesale retail services, Including online, in relation to the following goods: Foodstuffs and Horticultural and fruit products
Import and export services in relation to the following goods: Foodstuffs and Horticultural and fruit products.