005132808

---

June 12, 2006

Trademark Summary

The trademark was filed by ANDROS, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on November 26, 2006, and received one opposition filed on February 26, 2007 by CARAPELLI FIRENZE S.p.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fernández de Béthencourt, Marcos and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 26, 2007

The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).

Cancellation Proceedings

A total of undefined cancellation proceedings were initiated against the trademark registration in 2007.The first Cancellation was filed by GRUPPO FINI S.p.A. (represented by Adriano Vanzetti) on April 28, 2013 and Final decision – EUTM fully cancelled.

Change of name and address of the trademark registration was recorded on August 19, 2007. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on July 20, 2008. Change of name and address of the trademark registration was recorded on November 29, 2010. Change of name and professional address of the trademark registration was recorded on September 13, 2012. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on May 1, 2013.

The Cancellation with reference B 000002917 was EUTM cancelled according to Article 52(1)(a) CTMR with decision issued on August 19, 2010 by the EUIPO.

The application claimed as seniority of the French Republic trademark 003033690 registered on June 8, 2000 and filed on June 8, 2000 which was accepted by the office.

---

Goods And Services

• The mark was filed in class 29 with following description of goods:
  
  1. Preserved, dried or cooked fruits and vegetables
  2. Jellies
  3. Jams
  4. Fruit sauces
  5. Candied fruit
  6. Frozen fruits
  7. Frosted fruits
  8. Fruit peel
  9. Fruit pulp
  10. Fruit salads
  11. Fruit chips
  12. Fruit preserved in alcohol
  13. Coconut, desiccated
  14. Raisins
  15. Eggs, milk and milk products
  16. Milk beverages [milk predominating]
  17. Cream (milk products)
  18. Whipping cream
  19. Marmalade
  20. Fruit pulp
  21. Yoghurts.
• The mark was filed in class 30 with following description of goods:
  
  1. Confectionery
  2. Almond confectionery
  3. Almond paste
  4. Fruit jellies (confectionery)
  5. Coffee and artificial coffee, tea, cocoa, cocoa products, sugar, flour
  6. Preparations made from cereals, bread, pastry
  7. Yeast and baking powder
  8. Edible ices
  9. Biscuits
  10. Cookies
  11. Cakes
  12. Pastries, rice cakes
  13. Rice cakes, rice puddings, semolina cakes
  14. Puddings
  15. Chocolate Liégeois, coffee Liégeois, chocolate mousse, clafoutis, crèmes caramel, custard tarts, fruit mousse, egg custards
  16. Lollipops
  17. Sugar confectionery
  18. Sugar for jam
  19. Honey, treacle
  20. Salt, mustard
  21. Spices
  22. Ice
  23. Fondants (confectionery)
  24. Pastilles (confectionery)
  25. Jellies
  26. Cocoa-based beverages
  27. Coffee-based beverages
  28. Beverages based on chocolate
  29. Frozen yogurt (confectionery ices), custard, ice-creams.
• The mark was filed in class 32 with following description of goods:
  
  1. Fruit drinks and fruit juices
  2. Syrups and other preparations for making beverages
  3. Non-alcoholic cocktails
  4. Non-alcoholic fruit extracts
  5. Non-alcoholic fruit drinks
  6. Fruit nectars.