The trademark Alatria was filed by CONSULTING ALATRIA, SL, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on June 16, 2020, and received one opposition filed on September 14, 2020 by Atria Oyj on Likelihood of confusion. 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 September 14, 2020
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on October 15, 2020. Change of name and professional address of the trademark registration was recorded on April 25, 2021.
The Opposition with reference B 003130835 was refused according to Article 8(1)(b) EUTMR with decision issued on February 15, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meatballs
Chilled foods consisting predominately of fish
Squid [prepared]
Prepared beef
Prepared meat
Pre-packaged dinners consisting primarily of seafood
Frozen meals consisting primarily of chicken
Frozen prepared meals consisting principally of vegetables
Frozen meals consisting primarily of meat
Frozen meals consisting primarily of poultry
Frozen meals consisting primarily of fish
Ready cooked meals consisting primarily of chicken
Pre-packaged dinners consisting primarily of game
Prepared meals consisting primarily of duck
Prepared meals made from poultry [poultry predominating]
Ready cooked meals consisting primarily of turkey
Prepared meals consisting primarily of turkey
Prepared meals consisting primarily of fish
Prepared meals consisting principally of vegetables
Prepared meals consisting principally of game
Cooked meals consisting principally of fish
Prepared meals consisting primarily of meat substitutes
Prepared meals consisting substantially of seafood
Ready cooked meals consisting wholly or substantially wholly of poultry
Prepared meals made from meat [meat predominating]
Prepared meals containing [principally] bacon
Prepared meals containing [principally] eggs
Consommes
Bisques
Frozen cooked fish
Chicken wings
Meat and meat products
Beef bouillon
Broth [soup]
Potato salad
Potato-based salads
Caesar salad
Antipasto salads
Poultry salads
Legume salads
Vegetable salads
Prepared salads
Prepared entrees consisting primarily of seafood
Pre-cooked curry stew
Stews
Casseroles [food]
Grilled fish fillets
Guacamole [mashed avocado]
Steamed egg hotchpotch
Egg muffins
Chicken nuggets
Shepherd's pie
Fish cakes
Filled potato skins
Quick-frozen vegetable dishes
Cooked meat dishes
Prepared meat dishes
Ready cooked meals consisting wholly or substantially wholly of meat
Prepared dishes consisting principally of meat
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Ready cooked meals consisting wholly or substantially wholly of game
Prepared meals containing [principally] chicken
Frozen pre-packaged entrees consisting primarily of seafood
Grilled chicken (Yakitori)
Roast chicken
Fried chicken
Teriyaki chicken
Beef stew
Chowder
Soups
All the aforesaid goods being frozen and gluten-free.
The mark was filed in class 30 with following description of goods:
Oat clusters containing dried fruit
Ready to eat savory snack foods made from maize meal formed by extrusion
Canned pasta foods
Prepared foodstuffs in the form of sauces
Snack foods made from corn
Snack foods consisting principally of extruded cereals
Crisps made of cereals
Cereal snack foods flavoured with cheese
Puffed corn snacks
Snack foods consisting principally of bread
Snack foods prepared from maize
Pizza crust
Pizza bases
Filled bread rolls
Shrimp dumplings
Canapes
Prepared pizza meals
Boxed lunches consisting of rice, with added meat, fish or vegetables
Rice-based prepared meals
Noodle-based prepared meals
Pasta-based prepared meals
Prepared meals in the form of pizzas
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Prepared meals containing [principally] pasta
Meals consisting primarily of rice
Meals consisting primarily of pasta
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Crepes
Pies [sweet or savoury]
Meat pies [prepared]
Poultry and game meat pies
Pork pies
Frozen pastry stuffed with meat
Frozen pastry stuffed with meat and vegetables
Frozen pastry stuffed with vegetables
Egg pies
Vegetable pies
Fresh pies
Pies containing poultry
Pies containing meat
Pies containing game
Pies containing fish
Pies containing vegetables
Pot pies
Chinese stuffed dumplings (gyoza, cooked)
Pastries consisting of vegetables and meat
Pastries consisting of vegetables and poultry
Pastries consisting of vegetables and fish
Macaroni salad
Spaghetti and meatballs
Lasagne
Macaroni with cheese
Empanadas
Pre-baked pizzas crusts
Pasta containing stuffings
Mincemeat pies
Chicken pies
Savory pastries
Frozen pizzas
Fresh pizza
Pizzas
Pizzas [prepared]
Uncooked pizzas
Preserved pizzas
Chilled pizzas
Frozen meals consisting primarily of pasta
Frozen meals consisting primarily of rice
Pasta dishes
Prepared meals containing [principally] rice
Dry and liquid ready-to-serve meals, mainly consisting of rice
Freeze-dried dishes with the main ingredient being rice
Snack food products made from cereal flour
Snack food products made from rice flour
Snack food products made from cereal starch
Snack food products made from rusk flour
Snack food products made from maize flour
Snack food products made from potato flour
Snack food products consisting of cereal products
Quiches
Ravioli [prepared]
Ravioli
Rice-based snack food
Cereal-based snack food
Risotto
Egg rolls
Spring rolls
Chicken wraps
Toasted cheese sandwich
Toasted cheese sandwich with ham
Sandwiches
Turkey sandwiches
Sandwiches containing chicken
Frankfurter sandwiches
Toasted sandwiches
Tabbouleh
Sponge cakes
Frozen dough
Empanada dough
Bread doughs
Pastry dough
Brownie dough
Cookie dough
Batter for making pancakes
Dough
Pizza dough
Cake doughs
Frozen brownie dough
Flour mixtures for use in baking
Dough mix
Wholemeal bread mixes
Pancake mixes
Pastry mixes
Pizza mixes
Ready-made baking mixtures
Mixes for the preparation of bread
Cake mixes
Batter mixes
Tempura batter mix
Cake batter
Alimentary paste [dough]
Frozen pastries
Cake powder
Bun mix
Brownie mixes
Preparations for making gateaux
Prepared pie crust mixes
Preparations for making pizza bases
Preparations for making waffles
Muffin mixes
Ready-to-bake dough products
Custard
Pancakes
Croissants
Frozen dairy confections
Salt crackers
Confectionery chips for baking
Salted biscuits
Waffles
Waffles with a chocolate coating
Chocolate mousses
Bread
Chocolate desserts
Prepared desserts [chocolate based]
Prepared desserts [confectionery]
Chocolate based products
Bakery goods
Tiramisu
Marinades
All the aforesaid goods being frozen and gluten-free.
The mark was filed in class 35 with following description of goods:
Wholesaling of frozen gluten-free desserts
Wholesaling of frozen gluten-free bakery products
Wholesaling of frozen gluten-free foods
Retailing of frozen gluten-free desserts
Retailing of frozen gluten-free bakery products
Retailing relating to frozen gluten-free bakery products
Retailing of frozen gluten-free gourmet products
Retailing by catalogues relating to frozen gluten-free foods
Wholesaling of frozen gluten-free foods
Retailing of frozen gluten-free foods
Retailing via global computer networks relating to frozen gluten-free foods.