018275643

ALDINO

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July 20, 2020

Trademark Summary

The trademark ALDINO was filed by Aldi GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 23, 2020, and received one opposition filed on November 9, 2020 by MASATS COLORING, S.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HERRERO & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 9, 2020

The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).

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Goods And Services

• The mark was filed in class 3 with following description of goods:
  
  1. Non-medicated toiletry preparations
  2. Non-medicated dentifrices
  3. Essential oils
  4. Bleaching preparations and other substances for laundry use
  5. Cleaning, polishing, scouring and abrasive preparations.
• The mark was filed in class 5 with following description of goods:
  
  1. Pharmaceuticals, medical and veterinary preparations
  2. Sanitary preparations for medical purposes
  3. Dietetic food and substances adapted for medical or veterinary use, food for babies
  4. Dietary supplements for human beings and animals
  5. Plasters, materials for dressings
  6. Material for stopping teeth, dental wax
  7. Disinfectants
  8. Vermin destroying preparations
  9. Fungicides, herbicides.
• The mark was filed in class 8 with following description of goods:
  
  1. Hand operated hand tools and implements
  2. Table cutlery (forks and spoons)
  3. Side arms, other than firearms
  4. Razors and Razors
  5. All aforementioned goods excluding scissors.
• The mark was filed in class 9 with following description of goods:
  
  1. Scientific, research, navigation, surveying, photographic, cinematographic, audiovisual, optical, weighing, measuring, signalling, detecting, testing, inspecting, life-saving and teaching apparatus and instruments
  2. Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling the distribution or use of electricity
  3. Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
  4. Recorded and downloadable media, computer software, blank digital or analogue recording and storage media
  5. Coin-operated mechanisms
  6. Cash registers, calculating machines
  7. Computers and computer peripherals
  8. Diving suits, diving masks, earplugs for divers, nose clips for divers and swimmers, gloves for divers, breathing apparatus for underwater swimming
  9. Fire extinguishers.
• The mark was filed in class 11 with Apparatus and installations for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply and sanitary purposes.
• The mark was filed in class 12 with Vehicles and Apparatus for locomotion by land, air or water..
• The mark was filed in class 14 with following description of goods:
  
  1. Precious metals and their alloys
  2. Jewellery, precious stones and semi-precious stones
  3. Horological and chronometric instruments.
• The mark was filed in class 15 with following description of goods:
  
  1. Musical instruments
  2. Music stands and stands for musical instruments
  3. Conductors' batons.
• The mark was filed in class 16 with Stickers [stationery] and Albums for stickers..
• The mark was filed in class 18 with following description of goods:
  
  1. Leather and imitations of leather
  2. Animal skins, hides
  3. Luggage and carrying bags
  4. Umbrellas and parasols
  5. Walking sticks
  6. Whips, harness and saddlery
  7. Collars, leashes and clothing for animals.
• The mark was filed in class 20 with following description of goods:
  
  1. Furniture, mirrors, picture frames
  2. Containers, not of metal, for storage or transport
  3. Unworked or semi-worked bone, horn, whalebone or mother-of-pearl
  4. Shells
  5. Meerschaum
  6. Yellow amber.
• The mark was filed in class 21 with following description of goods:
  
  1. Household or kitchen utensils and containers
  2. Cookware and tableware, except forks, knives and spoons
  3. Combs and sponges
  4. Brushes
  5. Material for brush-making
  6. Cleaning articles
  7. Glass, unworked or semi-worked, except building glass
  8. Glassware, porcelain and earthenware.
• The mark was filed in class 22 with following description of goods:
  
  1. Ropes and strings
  2. Nets
  3. Tents and tarpaulins
  4. Awnings of textile or synthetic materials
  5. Sails
  6. Sacks for the transport and storage of materials in bulk
  7. Padding cushioning and stuffing materials, except of paper, cardboard, rubber or plastics
  8. Raw textile fibres and substitutes thereof.
• The mark was filed in class 24 with following description of goods:
  
  1. Textiles and substitutes therefor
  2. Linens
  3. Curtains of textile or plastic.
• The mark was filed in class 25 with Clothing, footwear, headgear.
• The mark was filed in class 26 with following description of goods:
  
  1. Lace, Braids, Braid, Braids, Braids and embroidery, and ribbons and bows (haberdashery)
  2. Buttons, hooks and eyes, pins and needles
  3. Artificial flowers
  4. Decorative articles for the hair
  5. Artificial hair.
• The mark was filed in class 27 with Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors and Decorative wall hangings, not of textile..
• The mark was filed in class 28 with following description of goods:
  
  1. Games
  2. Plush toys
  3. Toy animals
  4. Toy Figures
  5. Video game apparatus
  6. Gymnastic and sporting articles
  7. Decorations for Christmas trees.
• The mark was filed in class 29 with following description of goods:
  
  1. Meat, fish, poultry and game
  2. Meat extracts
  3. Preserved, frozen, dried and cooked fruits and vegetables
  4. Jellies, jams, compotes
  5. Eggs
  6. Milk, cheese, butter, yoghurt and other dairy products
  7. Edible oils and fats.
• The mark was filed in class 30 with following description of goods:
  
  1. Coffee, tea, cocoa and artificial coffee
  2. Rice, pasta and noodles
  3. Tapioca and sago
  4. Flour and preparations made from cereals
  5. Bread, pastry and confectionery
  6. Chocolate
  7. Ice cream, sorbets and other kinds of edible ices
  8. Sugar, honey, treacle
  9. Yeast, baking-powder
  10. Salt, condiments, spices, preserved herbs
  11. Vinegar, sauces and other condiments
  12. Ice [frozen water].
• The mark was filed in class 31 with following description of goods:
  
  1. Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
  2. Raw and unprocessed grains and seeds
  3. Fresh fruit and vegetables, fresh herbs
  4. Natural plants and flowers
  5. Onions, seedlings and grains (seeds) in the form of propagation material
  6. Live animals
  7. Foodstuffs for animals and beverages for animals
  8. Malt.
• The mark was filed in class 32 with following description of goods:
  
  1. Beer
  2. Non-alcoholic drinks, mineral and aerated water
  3. Fruit beverages and fruit juices
  4. Syrups and other non-alcoholic preparations for making beverages.
• The mark was filed in class 33 with Alcoholic beverages (except beer) and Alcoholic preparations for making beverages..
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising
  2. Business management
  3. Business administration
  4. Office functions.
• The mark was filed in class 38 with Telecommunication services.
• The mark was filed in class 39 with following description of goods:
  
  1. Transport
  2. Packaging and storage of goods
  3. Arranging of transportation for travel tours.
• The mark was filed in class 41 with following description of goods:
  
  1. Education
  2. Training
  3. Entertainment services
  4. Sporting and cultural activities.
• The mark was filed in class 42 with following description of goods:
  
  1. Scientific and technological services and research and design relating thereto
  2. Industrial analysis, industrial research and industrial design
  3. Quality control and authentication services
  4. Design and development of computer hardware and software.
• The mark was filed in class 43 with Providing of food and drink and temporary accommodation.