The trademark EAT POCKET was filed by GSD TRADEMARKS S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 27, 2020, and received one opposition filed on December 7, 2020 by UNIVERS POCHE on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NONY and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 7, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on January 15, 2024.
The Opposition with reference B 003136240 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 22, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical use, food for babies
Food supplements for human consumption being supplements to a normal diet or being health supplements
Meal replacement foodstuffs
Dietetic foods and beverages
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants
Vermin destroying preparations
Fungicides, herbicides
Nutritional supplements
Dietary and/or nutritional supplements for medical purposes
Food supplements
Vitamin supplements
Mineral food supplements
Vitamin preparations in the nature of food supplements
Dietary supplemental drinks.
The mark was filed in class 16 with following description of goods:
Cardboard containers
Boxes of cardboard or paper
Bottle envelopes of cardboard or paper, bottle wrappers of cardboard or paper
Coasters and mats of paper, paper for packaging
Drying towels of paper
Bags for microwave cooking
Tablemats of paper
Tablecloths of paper
Table linen of paper
Tablemats of paper
Paper table napkins.
The mark was filed in class 25 with following description of goods:
The mark was filed in class 28 with Games and sporting equipment.
The mark was filed in class 29 with following description of goods:
Meat
Fish, not live
Poultry
Game, not live
Molluscs, not live
Crustaceans, not live
Preserved, frozen, deep-frozen, fermented, dried and cooked fruits and vegetables
Jellies
Jellies
Marmalade
Fruit sauce
Eggs
Milk and milk products (beverages)
Dairy and dairy products
Edible fats and oils
Cheese
Milk-based beverages and milk beverages, milk predominating
Broth
Preparations for making bouillon
Soups
Chowder
Preserved, frozen, deep-frozen, dried or cooked mushrooms
Meat preserves
Canned poultry
Preserves of game
Fish, preserved
Fruit preserves
Canned vegetables
Seafood preserves
Crustaceans and molluscs
Extracts of meat, fish, poultry, game, shellfish, crustaceans and molluscs
Croquettes
Snack foods based on meat, fish, poultry, game, fruits, vegetables, mushrooms, seafood, crustaceans or molluscs
Vegetable juices for cooking
Foods based on fish, meat, poultry, game, seafood, crustaceans, molluscs, mushrooms, fruits and vegetables
Pork butchery, salted foods
Foie gras
Milkshakes
Animal marrow for food
Tofu
Pollen prepared as foodstuff
Prepared meals or cooked dishes based on meat, fish, poultry, game, seafood, crustaceans, mussels, mushrooms, fruits and vegetables.
The mark was filed in class 30 with following description of goods:
Tea, tea beverages
Coffee
Coffee-based beverages
Flavourings for coffee
Artificial coffee
Vegetal preparations for use as coffee substitutes
Unroasted coffee
Cocoa
Cocoa-based beverages
Chocolate
Chocolate-based beverages
Cocoa and chocolate products
Bread
Pastry and confectionery
Caramels [candy]
Sweetmeats (candy)
Sponge cake
Desserts
Edible ices
Edible ice
Ice [frozen water]
Prepared or processed cereals, preparations made from cereals
Baked dishes
Bread rolls
Viennoiserie
Bread (ginger-)
Sweetmeats [candy]
Cakes
Brioches
Crackers
Sugar, honey, treacle
Yeast
Leaven
Baking-powder
Starch for food
Ferments for pastes
Salt
Pepper
Mustard
Vinegar
Sauces [condiments]
Seasonings
Condiments
Spices
Flavourings other than essential oils
Aromatic preparations for food
Flavorings, other than essential oils, for beverages
Rice
Pasta
Pasta containing stuffings
Baked, pre-cooked or cooked wheat, semolina
Snacks and snack foods based on cereals, cocoa, chocolate or coffee
Meat tenderizers for household purposes
Thickening agents for cooking foodstuffs
Tapioca and sago
Infusions, not medicinal
Binders for foodstuffs
Flour and preparations made from cereals, for human consumption
Edible sandwiches
Flour-milling products
Meat, poultry and game pies
Quiches
Flammkuchen (pizza-type specialities)
Sushi
Sashimi, maki
Egg rolls
Prepared and cooked dishes based on cereals, preparations made from cereals, semola or bran
Propolis
Processed grains.
The mark was filed in class 32 with following description of goods:
Beer
Mineral and aerated waters and other non-alcoholic beverages
Fruit juice beverages
Fruit nectars, non-alcoholic
Syrups and other preparations for making beverages
Non-alcoholic fruit extracts
Aperitifs, non-alcoholic
Mixed fruit or vegetable drinks (smoothies)
Essences for making beverages
Effervescent tablets and powders for drinks
Isotonic beverages
High energy drinks
Cocktails, non-alcoholic
Waters [beverages]
Table waters
Preparations for making aerated water, Preparations for making mineral water, Vegetable drinks and juices, Preparations for making liqueurs, Carbonated soft drinks, Sherbets [beverages].
The mark was filed in class 33 with Wine and alcoholic beverages.
The mark was filed in class 41 with following description of goods:
Development of the mental faculties of individuals, and services to entertain or occupy the attention
Organisation of shows
Discotheque services
Night clubs
Editing, production, projection and rental of cinematographic films
Composition of music
Orchestra services, arranging and conducting of concerts or festivals
Sports camp services (training).
The mark was filed in class 42 with Scientific and technological services and scientific research for medical purposes and design relating thereto.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink, restaurant services, hotel services
Providing assisted living facilities [temporary accommodation]
Information, consultancy or advice relating to restaurants and hotels