The trademark MISTERTEA was filed by Bubbles & Co Srl, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on October 6, 2020, and received one opposition filed on October 29, 2020 by Postobon S.A. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 29, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on April 2, 2023.
The Opposition with reference B 003133632 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 5, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Yoghurt desserts
Whipped cream
Preparations for making yoghurt.
The mark was filed in class 30 with following description of goods:
Ice
Foodstuffs containing cocoa [as the main constituent]
Foods with a cocoa base
Chocolate flavourings
Bakery goods
Preparations for making bakery products
Cereal bars and energy bars
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Bread
Foodstuffs containing chocolate [as the main constituent]
Puddings
Confectionery chips for baking
Chocolate waffles
Waffles with a chocolate coating
Chocolate
Chocolate for toppings
Chocolate for confectionery and bread
Chocolate spreads containing nuts
Pancakes
Chocolate creams
Cocoa based creams in the form of spreads
Croissants
Chocolate spreads
Chocolate decorations for confectionery items
Chocolate decorations for cakes
Fruit jellies [confectionery]
Marshmallow topping
Halvah
Biscotti dough
Mousse confections
Chocolate-coated nuts
Snack foods consisting principally of confectionery
Instant dessert puddings
Preparations for making of sugar confectionery
Imitation custard
Frozen yogurt cakes
Flavoured sugar confectionery.
The mark was filed in class 41 with following description of goods:
Provision of recreational events
Conducting of entertainment events
Organising events for entertainment purposes
Organisation of entertainment and cultural events
Presentation of live entertainment events
Special event planning consultation
Entertainment services in the nature of organizing social entertainment events.