The trademark Nonna Lina was filed by RISTORART S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 11, 2020, and received one opposition filed on August 9, 2020 by I.D.C. Holding, a.s. - 300376 on Likelihood of confusion. the opponent was represented by C|K|T ČERVENKA TURKOVÁ & PARTNERS PATENT, TRADEMARK AND LAW OFFICE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 9, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003127942 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 29, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Birds eggs and egg products
Soups and stocks, meat extracts
Dairy products and dairy substitutes
Fish, seafood and molluscs, not live
Meat and meat products
Processed fruits, fungi, vegetables, nuts and pulses
Edible oils and fats
Prepared meat
Chili con carne
Chilled foods consisting predominately of fish
Consommes
Chile con queso
Chicharron
Squid [prepared]
Caesar salad
Bulgogi [Korean beef dish]
Filled potato skins
Broth [soup]
Beef bouillon
Soups
Bisques
Prepared entrees consisting primarily of seafood
Casseroles [food]
Chicken wings
Beans cooked in soy sauce (Kongjaban)
Dolmas
Falafel
Grilled fish fillets
Frittatas
Cottage cheese fritters
Galbi [grilled meat dish]
Antipasto salads
Poultry salads
Legume salads
Prepared salads
Shish kabobs
Prepared snails [escargot]
Vegetable salads
Prepared beef
Canned soups
Egg muffins
Chicken nuggets
Omelettes
Steamed cakes of smashed fish and yam (hampen)
Steamed or toasted cakes of fish paste (kamaboko)
Cooked meals consisting principally of fish
Pre-packaged dinners consisting primarily of seafood
Pre-packaged dinners consisting primarily of game
Prepared meals made from poultry [poultry predominating]
Prepared meals consisting principally of game
Prepared meals consisting primarily of meat substitutes
Shepherd's pie
Frozen cooked fish
Fish with chips
Pieces of chicken for use as a filling in sandwiches
Cooked meat dishes
Ready cooked meals consisting wholly or substantially wholly of meat
Ready cooked meals consisting wholly or substantially wholly of poultry
Ready cooked meals consisting wholly or substantially wholly of game
Ready cooked meals consisting primarily of turkey
Prepared meals consisting primarily of turkey
Frozen pre-packaged entrees consisting primarily of seafood
Prepared meals made from meat [meat predominating]
Prepared meals containing [principally] bacon
Prepared meals containing [principally] chicken
Prepared meals containing [principally] eggs
Ready cooked meals consisting primarily of chicken
Prepared meat dishes
Prepared dishes consisting principally of meat
Prepared meals consisting primarily of kebab
Prepared meals consisting principally of vegetables
Cooked dish consisting primarily of stir-fried chicken and fermented hot pepper paste (dak-galbi)
Cooked dish consisting primarily of rich soybean paste and tofu (cheonggukjang-jjigae)
Cooked dish consisting primarily of soybean paste and tofu (doenjang-jjigae)
Cooked dish consisting primarily of chicken and ginseng (samgyetang)
Cooked dish consisting primarily of stir-fried beef and fermented soy sauce (Sogalbi)
Cooked dish consisting primarily of fermented vegetable, pork and tofu (kimchi-jjigae)
Teriyaki chicken
Grilled chicken (Yakitori)
Roast chicken
Fried chicken
Meatballs
Sashimi
Stews
Pre-cooked curry stew
Beef stew
Surimi
Tajine [prepared meat, fish or vegetable dish]
Fish cakes
Beef tripe
Miso soup
Pre-cooked miso soup
Matzo ball soup
Chowder
Noodle soup
Pre-cooked soup
Meat spreads
Roast lamb
Processed lamb
Salted meats
Roast ducks
Cooked duck
Pressed salted ducks
Andouillettes
Frozen appetizers consisting primarily of chicken
Bacon
Steaks of meat
Beef steaks
Pork steaks
Game, not live
Pastrami
Sliced meat
Dried scallops
Capelin, not live
Dried squid
Sliced sea whelks
Steaks of fish
Fish sticks
Whales [not live]
Sweetfish [not live]
Herrings, not live
Spiny lobsters
Spiny lobsters, not live
Frozen appetizers consisting primarily of seafood
Eels, not live
Agar-agar for culinary purposes
Anchovy, not live
Fish, seafood and molluscs spreads
Fish-based foodstuffs
Black caviar
Salmon caviar
Caviar
Crucian carps, not live
Carp [not live]
Silver carps, not live
Seafood paste
Silkworm chrysalis for human consumption
Fish croquettes
Salmon croquettes
Crustaceans, not live
Fish crackers
Seafood extracts
Fish extracts
Processed seafood
Tinned seafood
Dried seafood
Cooked seafood
Seafoods boiled down in soy sauce (tsukudani)
Seafood [not live]
Sheets of dried laver (hoshi-nori)
Fish fillets
Kipper fillets
Anchovy fillets
Fish meal for human consumption
Dried prawns
Lobsters, not live
Crayfish, not live
Shelled prawns
Seafood jellies
Fish jellies
Snow crabs, not live
Crabs [not live]
Crab
Soy sauce marinated crab (Ganjang-gejang)
Fish sausages
Mullet roe salad
Klipfish [salted and dried cod]
Krill, not live
Dried sea hares
Escargots
Cooked snails
Canned snails
Snails prepared for human consumption
Fish mousses
Squid ink
Sea-cucumbers, not live
Fish, preserved
Frozen fish
Smoked fish
Fish, not live
Perches, not live
Crab roe paste
Chilled meals made from fish
Fish paste
Shrimp paste
Flounders, not live
Common plaice, not live
Oysters, not live
Oysters [not live, for human consumption]
Abalones [not live]
Sea bream, not live
Sea breams [red snappers, not live]
Yellow croakers, not live
Seafood products
Fish balls
Crab cakes
Shrimp floss
Crab meat
Dried fish meat
Dried razor clam meat
Dried clam meat
Dried whelk meat
Octopuses [not live]
Dishes of fish
Blocks of boiled, smoked and then dried bonitos (katsuo-bushi)
Snakehead fish, not live
Swordfish, not live
Fish floss
Dried fish
Pickled fish
Boiled and dried fish
Processed fish
Sea urchins [not live]
Tube-shaped toasted cakes of fish paste (chikuwa)
Salmon, not live
Smoked salmon
Sardines, not live
Flakes of dried fish meat (kezuri-bushi)
Pickled dried Spanish mackerel
Cuttlefish, not live
Sea basses [not live]
Spanish mackerel, not live
Sole fish, not live
Dried herring roe
Trouts, not live
Tuna in oil
Tuna fish [not live]
Tuna fish [preserved]
Soft-shelled turtles [not live]
Imitation crab meat
Tuna, not live
Clams, not live
Short-necked clams [not live]
Fish maw
Sea trout roe for food
Sea salmon roe for food
Salt-fermented sea urchin roe
Fish roe, prepared
Fish eggs for human consumption
Artificial fish roes
Snail eggs for consumption
Crab roe for human consumption.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Starches and goods made thereof, baking preparations and yeasts
Ice, ice creams, frozen yogurts and sorbets
Filled baguettes
Prepared foodstuffs in the form of sauces
Prepared savory foodstuffs made from potato flour
Baozi [stuffed buns]
Pizza bases
Pre-baked pizzas crusts
Brioches
Burritos
Bibimbap [rice mixed with vegetables and beef]
Calzones
Chalupas
Cheeseburgers [sandwiches]
Corn kernels being toasted
Chimichanga
Tortilla chips
Chow mein
Chow mein [noodle-based dishes]
Crepes
Pancakes
Savoury pancakes
Crumble
Sticky rice cakes (Chapsalttock)
Empanadas
Enchiladas
Fajitas
Buckwheat jelly (Memilmuk)
Chips [cereal products]
Pies
Banana fritters
Pineapple fritters
Rice crusts
Hamburgers being cooked and contained in a bread roll
Pizza crust
Macaroni salad
Pasta salad
Rice salad
Wraps [sandwich]
Chicken wraps
Spring rolls
Fresh sausage rolls
Egg rolls
Jiaozi [stuffed dumplings]
Kimchi pancakes
Lasagne
Fried corn
Nachos
Stir-fried noodles with vegetables (Japchae)
Okonomiyaki [Japanese savoury pancakes]
Paella
Puffed cheese balls [corn snacks]
Green onion pancake [pajeon]
Steamed buns stuffed with minced meat (niku-manjuh)
Steamed buns stuffed with red bean paste
Bean jam buns
Filled bread rolls
Toasted cheese sandwich
Sandwiches containing meat
Toasted cheese sandwich with ham
Sandwiches containing fish fillet
Hamburgers contained in bread rolls
Sandwiches containing fish
Sandwiches containing chicken
Turkey sandwiches
Toasted sandwiches
Macaroni with cheese
Flaky pastry containing ham
Pasta containing stuffings
Frozen pastry stuffed with meat and vegetables
Frozen pastry stuffed with vegetables
Pastries consisting of vegetables and meat
Pastries consisting of vegetables and poultry
Meals consisting primarily of rice
Savory pastries
Egg pies
Pies containing meat
Pies containing vegetables
Pies containing fish
Pies containing poultry
Pies containing game
Meat pies [prepared]
Pork pies
Pot pies
Pies [sweet or savoury]
Meat pies
Grain-based chips
Seaweed flavoured corn chips
Vegetable flavoured corn chips
Rice crisps
Wholewheat crisps
Taco chips
Pasta dishes
Prepared pizza meals
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Prepared meals containing [principally] rice
Prepared meals in the form of pizzas
Prepared meals containing [principally] pasta
Dry and liquid ready-to-serve meals, mainly consisting of rice
Frozen meals consisting primarily of pasta
Frozen meals consisting primarily of rice
Fresh pizza
Pizzas
Pizzas [prepared]
Preserved pizzas
Chilled pizzas
Uncooked pizzas
Frozen pizzas
Rice glue balls
Flavoured popcorn
Microwave popcorn
Caramel coated popcorn
Caramel coated popcorn with candied nuts
Snack food products made from cereal starch
Snack food products made from maize flour
Canned pasta foods
Quesadillas
Quiches
Ramen [Japanese noodle-based dish]
Ravioli
Ravioli [prepared]
Chinese steamed dumplings (shumai, cooked)
Chinese stuffed dumplings (gyoza, cooked)
Cheese curls [snacks]
Sweet rice with nuts and jujubes (yaksik)
Glutinous rice wrapped in bamboo leaves (Zongzi)
Prepared rice rolled in seaweed
Stir-fried rice
Risotto
Hot sausage and ketchup in cut open bread rolls
Samosas
Sandwiches
Processed unpopped popcorn
Tortilla snacks
Spaghetti and meatballs
Canned spaghetti in tomato sauce
Snack foods consisting principally of bread
Pita chips
Sushi
Tabbouleh
Tacos
Tamales
Canapes
French toast
Korean traditional rice cake [injeolmi]
Glutinous pounded rice cake coated with bean powder (injeolmi)