The trademark Regina di Noce - electa ut sol was filed by Stefano Ciucci, a national of the Italian Republic (the "Applicant") and Federica Giometti, a national of the Italian Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on July 7, 2020, and received one opposition filed on October 7, 2020 by IMPERIAL - PRODUTOS ALIMENTARES, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 7, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R1881/2022-2 was Opposition allowed according to Article 8(5) EUTMR with decision issued on October 4, 2023 by the EUIPO. The Opposition with reference B 003132436 was refused according to Article 8(5) EUTMR with decision issued on July 24, 2022 by the EUIPO.
The application claimed as seniority of the Italian Republic trademark 302018000026773 registered on May 13, 2019 and filed on August 2, 2018 which was accepted by the office.
Goods And Services
The mark was filed in class 29 with following description of goods:
Milk
Oils for food
Savory butters
Curd cheese
Olive paste
Extra virgin olive oil for food
Pollen prepared as foodstuff
Berries, preserved
Fruit, preserved
Jams
Buttercream
Olive puree
Fruit preserves
Fruit preserved in alcohol
Dried olives
Olives, [prepared]
Olives, preserved
Butter
Meat
Milk products
Olive oil
Cooked olives
Marmalade
Olive oil for food
Cheese
Stuffed olives.
The mark was filed in class 30 with following description of goods:
Cereal based energy bars
Natural honey
Honey glazes for ham
Helichrysum honey
Muesli
Propolis
Condiments
Invert sugar cream [artificial honey]
Natural ripe honey
Herbal honey lozenges [confectionery]
Sugar, honey, treacle
Vinegar
Honey
Cereal preparations coated with sugar and honey
Sweets (Non-medicated -) being honey based
Confectionery
Candies (Non-medicated -) with honey
Fruit jellies [confectionery]
Royal jelly
Truffle honey
Cereal bars
Honey substitutes
Chamomile-based beverages
Biological honey for human consumption
Bonbons made of sugar
Breakfast cereals flavoured with honey
Breakfast cereals containing honey
Sauces [condiments]
Cakes
Herbal honey
Long-life pastry
Propolis for food purposes
Petit-beurre biscuits
Raw honeycombs
Pralines
Sweet spreads [honey]
Manuka honey
Peppers [seasonings].
The mark was filed in class 33 with following description of goods: