The trademark SHAPE THE TASTE was filed by SILIKOMART S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on March 21, 2021, and received one opposition filed on June 8, 2021 by PRODUCTIONS HALTE-LÀ INC. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DE GASPARI OSGNACH S.R.L.
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018188760 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on December 10, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Recorded or downloadable multimedia content
Talking books
Electronic publications, downloadable
All the aforesaid goods in relation to the following fields: pastry articles, Baking and Cuisine.
The mark was filed in class 16 with Newspapers, Magazines, catalogues, Brochures and Printed matter in general.
The mark was filed in class 21 with following description of goods:
Household, kitchen and pastry utensils and containers
Moulds, including silicon moulds for household, kitchen and pastry purposes
Saucepans and tableware, other than knives, forks and spoons
Tongs for ice, cakes and chocolate
Spatulas for chocolate
Glassware, chinaware, porcelain and earthenware.
The mark was filed in class 41 with following description of goods:
Entertainment services
Sporting and cultural activities
Publishing, including electronic publishing
Publication of electronic magazines
Publishing of electronic texts and content on the internet
Arranging and conducting of forums and discussions via the internet