The trademark application Lazzero Cultivar was filed by Podere San Bartolomeo S.s.a., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on March 24, 2020, and it was registered by office on September 21, 2021 without any oppositions.
The application was filed in Italian (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2021.The first Cancellation was filed by D. Lazzaroni & C. S.p.A. (represented by JACOBACCI & PARTNERS S.P.A.) on September 6, 2023 and Appeal pending.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on November 10, 2022.
The Appeal with reference B R1910/2023-4 was EUTM cancelled according to Article 60(1)(a) EUTMR with decision issued on June 26, 2024 by the EUIPO. The Refusal with reference B 018213039 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on June 17, 2021 by the EUIPO. The Cancellation with reference B 000057128 was Cancellation rejected according to Article 7(1)(b) EUTMR with decision issued on July 23, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 30 with following description of goods:
Cereals
Processed grains
Cereal flour
Snack food products consisting of cereal products
Cereal bars
Ready-to-eat cereals
Hot breakfast cereals
Toasted grain flour
Chips [cereal products]
Cereal preparations
Grain-based chips
Foodstuffs made from cereals
Preparations made from cereals
Breakfast cereals
Cereal-based snack food
Cereal-based snack food
Cereals prepared for consumption by humans
Food preparations based on grains
Cereal based food bars
Cereal-based snack food
Processed cereals for food for human consumption
Multigrain-based snack foods
Cereal-based savoury snacks
Cereals for use in making pasta
Cereals prepared for consumption by humans
Crackers made of prepared cereals
Breakfast cereals containing honey
Breakfast cereals containing fibre
Snack food products made from cereal flour
Breakfast cereals containing fruit
Breakfast cereals
Cereal cakes for human consumption
Foods produced from baked cereals
Cereal preparations coated with sugar and honey
Cereal preparations consisting of bran
Cereal snack foods flavoured with cheese
Breakfast cereals flavoured with honey
Biscuits for human consumption made from cereals
Cereal based foodstuffs for human consumption
Food mixtures consisting of cereal flakes and dried fruits
Snack food products made from cereal starch
Breakfast cereals, porridge and grits
Cereal preparations consisting of oatbran
Breakfast cereals containing a mixture of fruit and fibre
Wholemeal pasta
Deep frozen pasta
Dried pasta
Pasta
Pasta containing stuffings
Fresh pasta
Pasta salad
Cookie dough
Pizza dough
Pastry shells
Pasta shells
Bread doughs
Pasta containing stuffings
Pasta containing eggs
Pasta sauce
Buckwheat pasta
Taco shells
Pasta dishes
Filled yeast dough with fillings consisting of meat
Snack foods consisting principally of pasta
Filled yeast dough with fillings consisting of vegetables
Dried pasta
Meals consisting primarily of pasta
Vegetable-based seasonings for pasta
Pasta-based prepared meals
Macaroni with cheese
Filled yeast dough with fillings consisting of fruits