The trademark La FABRIQUE by atria was filed by ATRIA S.A.S., a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on November 9, 2023, and received one opposition filed on January 11, 2024 by Atria Oyj on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BOCO IP OY AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 11, 2024
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003209829 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 11, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software and software packages, Especially, in relation to the following fields: feed and Restoration
Computer software and software packages for use in food commerce, in particular medium and large retail stores, in particular supermarket bakery and pastry departments
Software, for use in the following fields: Management of businesses, Especially In the food and catering industry
Software, for use in the following fields: Management of commercial food businesses, in particular medium and large retail stores, in particular relating to supermarket bakery and pastry departments
Software for business decision-making support, Especially, In the food and catering industry
Software for supporting decision-making in commercial food businesses, in particular medium and large retail stores, in particular relating to supermarket bakery and pastry departments
Computer software and software packages for managing customer relationships, Especially In the food and catering industry
Software and software packages for customer relations management in commercial food businesses, in particular medium and large retail stores, in particular relating to supermarket bakery and pastry departments
Software and software packages for managing business services, information dissemination and transmission within corporate business and marketing teams, Especially, in relation to the following fields: feed and Restoration
Software and software packages for managing business services, information dissemination and transmission within business and marketing teams of commercial food businesses, in particular medium and large retail stores, in particular relating to supermarket bakery and pastry departments
Multimedia computer software and software packages
Computer software for managing documents
Electronic publications, downloadable
Digital databases, Especially In the food and catering industry
Digital databases, In the field of commercial food businesses, in particular medium and large retail stores, in particular relating to supermarket bakery and pastry departments
Computer software and software packages for cloud hosting
Software for designing dashboards and performance indicators for businesses Especially In the food and catering industry
Mobile applications for use on telephones, smartphones, tablet computers and computers featuring information, advice and recommendations, in relation to the following fields: Restoration
Mobile applications for use on telephones, smartphones, tablet computers and computers featuring information, advice and recommendations to commercial food businesses, in particular medium and large retail stores, in particular relating to supermarket bakery and pastry departments
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers enabling exchanges, advice, recommendations, comments, in relation to the following fields: Dieting, Nutrition, Restaurant hygiene and security
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers enabling exchanges, advice, recommendations, comments, in relation to the following fields: Dieting, Nutrition, Hygiene and security of commercial food businesses, in particular medium and large retail stores, in particular relating to supermarket bakery and pastry departments
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers enabling exchanges, advice, recommendations, comments for restaurant managers and chefs, relating to the management of their restaurant, in particular relating to purchases of their goods
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers enabling exchanges, advice, recommendations, comments for directors and managers of commercial food businesses, in particular medium and large retail stores, in particular relating to supermarket bakery and pastry departments
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers, for use in the following fields: Remote management relating to catering
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers enabling remote management of comments to directors and managers of commercial food businesses, in particular medium and large retail stores, in particular relating to supermarket bakery and pastry departments
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers, for use in the following fields: Selection and ordering of meals, prepared and cooked meals
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers, for use in the following fields: Selection and ordering of food, in particular medium and large retail stores, in particular relating to supermarket bakery and pastry departments
Mobile applications for use on mobile telephones, smartphones, tablet computers, computers, for use in the following fields: Communication of information, advice, recommendations on restaurants
Interactive mobile applications for use on telephones, smartphones, tablet computers and computers, for use in the following fields: Selection of restaurant and booking of places in restaurants
Interactive guides, in relation to the following fields: Restoration
Games software.
The mark was filed in class 43 with following description of goods:
Preparation of food and drink for immediate consumption, Services relating to the preparation and provision of food and drink, Preparation and providing of foodstuffs and beverages for consumption in retail establishments