The trademark IAS ICONIC ART SPIRITS was filed by Iconic Art Spirit sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 13, 2021, and received one opposition filed on December 7, 2021 by BELLES MARKS LTD on Likelihood of confusion. the opponent was represented by AGENTIA DE PROPRITATE INDUSTRIALA - APIA S.R.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 7, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003159891 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 26, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 33 with following description of goods:
Alcoholic beverages, except beers, vodka and vodka-based beverages
Preparations for making alcoholic beverages (except vodka)
Cider
Spirits (except vodka and vodka-based beverages)
Wine
Aperitifs, except vodka-based aperitifs
Alcoholic carbonated beverages, except beer and vodka-based beverages
Bitters
Hydromel [mead]
Cocktails, except vodka-based cocktails
Low alcoholic drinks
Absinthe
Gin
Rum.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business analysis, research and information services
Business assistance, import-export agencies, search for business partners, setting up commercial representative offices, commercial brokerage, commercial information
Sales promotion, introduction of products onto the marketplace, demonstration of goods, organisation of trade fairs, auctions, tenders, commercial events, organisation of exhibitions for commercial and/or advertising purposes, organisation of stands for trade fairs
Business management and organisation consultancy, business management
Computerised file management, compilation of information into computer databases, systemisation and compilation of information into computer databases, computerised file management, data search in computer dabases and files
Auctioneering services
Administrative processing and organising of mail order services
Advice and information on customer service, product management and prices on websites relating to purchases made via the internet
Arranging of collective buying
Arranging the buying of goods for others
Computerised stock ordering
Administrative order processing
Provision of an online marketplace for buyers and sellers of goods and services
Sales management services
Demonstration of goods
Fashion shows for commercial and promotional purposes
Sale, sale in shops, sale in wholesale outlets, via the internet (online sale), mail order sale, catalogue sale, telephone sale of the following goods: alcoholic beverages (except beer, vodka and vodka-based beverages), preparations for making alcoholic beverages (except vodka), Cider, Spirits (except vodka and vodka-based beverages), Wine, Alcoholic jellies, except vodka-based jellies, aperitifs, except vodka-based aperitifs, sparkling alcoholic drinks, Except beer and vodka-based beverages, Bitters, Hydromel (mead), Cocktails, except vodka-based cocktails, low alcoholic drinks, absinthe, gin, rum, Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry, Synthetic resins, unprocessed, Plastics, unprocessed, Manures, Fire-extinguishing compositions, Tempering and soldering preparations, Chemical substances for preserving food-stuffs, tanning preparations, Adhesives used in industry, Paints, varnishes, lacquers, preservatives against rust and against deterioration of wood, Colorants, Mordants, Raw natural resins, Foils of metal, Bleaching preparations and other substances for laundry use, Cleaning, polishing preparations, degreasers and abrasives, soaps, Perfumery, Essential oil, Cosmetics, colour cosmetics, toilet articles, Perfumes and fragrances, Perfumery, Deodorants, Hair lotions, dentifrices, Industrial oils and greases, lubricants, Dust absorbing, wetting and binding compostions, Fuels and illuminants, Candles and wicks for lighting, Pharmaceutical and veterinary substances, Sanitary preparations for medical purposes, Dietetic preparations and substances for medical use, Food for babies, Plasters, material for dressings, Materials for filling teeth, dental wax, Disinfectants, products for destroying of damaging animals, fungicides, herbicides, herbs, Common metals and their alloys, Metal building materials, Transportable building of metal, Materials of metal for railway tracks, Non-electric cables and wires of common metal, Ironmongery, small items of metal hardware, Pipes and tubes of metal, Safes, Ores, Machine tools, engines (except for land vehicles) machine coupling and transmission components (except for land vehicles), Sweeping, cleaning, washing and laundering machines, Sewing machines, Food and beverage processing and preparation machines and apparatus, Ironing machines and Pressing machines, Vaacum cleaners, Washing machines (laundry), Dry-clean washers, Electric kitchen tools and utensils, food processors, Electric mixers (machines), Mixing machines, Multifunctional food processors, spice mills, Tin opener, juice squeezers, Grating machines for vegetables and fruit, Electric knives, Washing machines (laundry), Vegetable cutting machines, spice mills, Coffee grinders, Electric kitchen tools and utensils, Slicing machines, Fruit and vegetable juice extractors, steam mops, window cleaning utensils, Cutlery and implements for food preparation, Hand-operated hygienic and beauty implements for humans and animals, Cutlery, Egg slicers, honey dippers, olive spoons, Spiral vegetable slicers, Scraping knives, paring knives, Tin-openers, jar-openers, forks, Pizza slicers, Garlic peelers, Trimmers for men, trimmers for women, manicure sets, Corn and callus files, Nail files, buffers, Screwdrivers, non-electric, Food preparation implements, Kitchen knives and Cutting implements, Utensils for cutting hair and for depilation, Hair-styling equipment, Electrical and mechanical appliances for hand, foot, finger and nail care, Pedicure sets, Manicure sets, Fraises [milling machines], Files and Manicure and pedicure buffers, Nail files, buffers, Tweezers and Cuticle tweezers, Callus removers and rasp files for the removal of dead skin, Electric and non-electric depilatory appliances, shaving sets, Shaving articles, Crimping irons, Irons, Trimming machines, curlers, Hairdressing scissors, Stands for tablets, telephones and smartphones, Speakers,Headphones, Cameras, Cases and sleeves for telephones, smartphones and tablet computers, DVD's, Cases, holders and bags for computers, laptops, notebooks, photographic equipment, cameras, Casings for computer equipment and accessories, Cases for telephones, smartphones, tablets, telecommunications equipment and audiovisual equipment, wire, Adaptors, Chargers, Power banks, Light-emitting diodes [LED], Thermometers, scales, Alarms, Alarm bells, Electronic instruments for measuring temperature, humidity and pressure, Alcoholmeters, Computers and computer hardware and accessories, Peripheral equipment for computers, Telecommunication apparatus and accessories, Radios, television apparatus, audio visual equipment, audiodevices, Radios, Music players, Telephones and telephone accessories, camera equipment, Data carriers, Prerecorded data carriers, Discs, Hard disk, USB memory sticks, Computer programs, computer game, Navigation, Electronic notebooks, Electronic agendas, Notebook computers, Digital organisers, Time data generators, keyboards, In the field of apparatus for recording, Fire resistant gloves, Gloves for protection against accident or injury, Eyeglasses, sunglasses, Spectacle frames, accessories for eyeglasses, chains, Cords and cases for eyewear, Containers for contact lenses, Ophthalmic goods, Electric battery charging apparatus, Binoculars, scopes, Prisms (optics), Protective clothing, protective helmets, Protective visors, Protective headgear, Protective work clothing, reflective safety vests, Apparatus for wireless communication, routers, Wi-Fi signal extenders, Transmitters, Receivers, extension cords, wire, cable adapters, Chargers, Agricultural implements other than hand-operated, Incubators for eggs, Table cutlery, forks and spoons, Side arms, Side arms, Scientific, surveying, photographic, cinematographic, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments, apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity, Apparatus for recording, transmission or reproduction of sound or images, Magnetic data carriers, recording discs, automatic vending machines and mechanisms for coin-operated apparatus, cash registers, calculating machines, data processing equipment, computers, Fire extinguishers, Radios and televisions, Telecommunication apparatus and accessories, Computers and computer accessories, Computer programs, computer game, Surgical, medical, dental and veterinary apparatus and instruments, Artificial limbs, eye and teeth, Orthopaedic articles, surgical sutures, Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, Vehicles, apparatus for locomotion by land, air or water, Firearms, ammunition and projectiles, Fireworks, Precious metals and their alloys, jewellery, precious stones, Horological and chronometric instruments, Jewelry, Musical instruments, Paper, Cardoard, Printed matter, bookbinding material, photographs, Stationery, Adhesives for stationery or household purposes, Artists' materials, Paint brushes, typewriters and office requisites (except furniture), Instructional and teaching material (except apparatus), Plastic material for packaging, printers' type, printing blocks, Rubber, gutta-percha, gum, asbestos, mica, Plastics in extruded form for use in manufacture, Caulking and packing compounds, Tow, Insulating products, Flexible pipes, not of metal, Leather and imitations of leather, animal skins and hides, Trunks and travelling bags, Handbags, Umbrellas, parasol, walking sticks and canes, Whips, harness and saddlery, Building materials (non-metallic), Non-metallic rigid pipes for buildings, Asphalt, pitch and bitumen, Transportable constructions, not of metal, Monuments, not of metal, Refrigerating and freezing installations and apparatus, Heating, ventilating, and air conditioning and purification equipment (ambient), Drying installations and apparatus, Sanitary installations and devices, Water supply equipment, Lighting and light reflectors, Cooking, heating, cooling and preservation equipment, for food and beverages, Heating and drying instruments for personal use, Tanning apparatus, Lighters, electric coffee filters, strainers for sinks, stoppers for use with sinks, mini flashlights, bulbs, Apparatus and equipment for cooking, heating, refrigerating and otherwise treating foodstuffs and beverages, Air-conditioning and ventilation installations and apparatus, Lamps for cosmetic purposes, Ultraviolet lamps, Disinfectant apparatus, Disinfectant dispensers for toilets, Heating blankets and pads, other than for medical purposes, Hair dryers, Hair drying lamps, Hand dryers, Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitary purposes, kettles, Domestic gas fireplaces, Water filtration jugs, Coffee machines, Cooking units, Barbecue apparatus, Heating apparatus, Steaming apparatus (Electric -) for cooking, Ice cream-making apparatus, Apparatus for warming up foodstuffs, tea machines, Kitchen tools, Toasters, Pressure cookers (autoclaves), electric, Food driers, Electric broilers, electric samovars, barbeque, Electric waffle irons, Freezers, refrigerating apparatus, Refrigeration cabinets, fridge freezers, Electric coolboxes, HVAC (heating, ventilating and air conditioning) systems, Domestic air conditioning installations, Exhaust hoods [cooker hoods], electrical fans, apparatus for ventilating, Apparatus for heating for solid, liquid and gas fuel, Heating apparatus, Room air conditioners, Radiators, electric, Heating apparatus, bathroom accessories, Taps for washstands, Tub spouts, shower taps, Bidets, Shower trays, Sinks, shower caddies, Baths, bathroom sinks, microwaves, Hand-held steamers for clothing, steamers for clothing, indoor lighting, Lamps, light bulbs, Halogen lamps, LED bulbs, LED luminaires, low energy light bulbs, Decorative indoor lighting, Articles for treating items of clothing and footwear, Household articles for cleaning purposes, brushes and brush-making materials, Cosmetic and toilet utensils, Sculptures, figurines, plaques and works of art made of materials such as porcelain, terracotta or glass, Tableware, cookware and containers, Trivets (table utensils), Vegetable brushes, Beaters, Garlic presses, non-electric coffee filters, Egg timers, Mug coasters, Cork removers, waste openers, wine stoppers, Non-disposable straws, Milk frother machines, Butchers' twine, potholders, pan or pot handle covers, Brush cleaners, Shoe brushes, sink caddies, hob scrapers, ultrasonic toothbrushes, Wash gloves, Sponges, makeup brushes, hair brushes, Hair combs, Brushes, Body washing brushes, Scrubbing brushes, Paper clasps, Refuse bag dispensers, Drinking fountains, dishes, Household utensils and kitchen utensils and kitchen containers, Combs and spongers, Articles for cleaning purposes, Brushes and brush-making materials, Articles for cleaning purposes, Appliances for destroying noxious animals and vermin, Aquarium ornaments, terraria, Electronic food-dispensing devices for pets, bird feeders, Electric lint removers, Battery operated lint removers, Flat-iron stands, ironing board covers, Shoe-trees, Laundry drying racks, Shoe horns, Protective ironing cloths, watering cans, Syringes for watering flowers and plants, Lawn sprinklers, Gardening gloves, Household or kitchen vessels, non-electric kitchen mixers: Grinding mills, Pressure cookers, kettles, Frying machines, Beaters, Vaacum cleaners, Cloths for drying, tea infusers, Pressure cookers, juice squeezers, portable cold boxes, Beaters, kitchen utensils not of precious metal, Kitchen containers, not of precious metal, Straining baskets, Drinking flasks for travellers, Bottles, cutting boards for household use, Ironing boards, Soap dispensers, Colanders, Straining baskets, Pots (for flower -), Household ceramics, coffee makers (non-electric), Cups, Ice cube molds [moulds], Camping grills, grills for garden use, Pots, food steamers, non-electric, Kitchenware, Household utensils, not of precious metals, coffee and spice grinders, non-electric, Baskets, for domestic use, not of precious metal, Cosmetic holders, Mugs, Small cups, Flasks, Trays, Ice containers, Dough spatulas, Mixing spoons, Butter dishes, Basins (receptacles), dishes, soap boxes, crockery, non-electric dusting apparatus, waste bins, Fruit dishes, pans, electric heaters for baby bottles, kitchen graters, nonâelectric food mixers, Stew-pans, Services [dishes], Sieves and strainers for household purposes, mixing spoons, Ladles, Majolica, Salt cellars, insulated bags, Carpet beaters (hand instruments), mops, Buckets, Kitchen tools sold separately and in sets, kitchen containers sold separately and in sets, Cleaning instruments, hand-operated, Carpet sweepers, Brush cleaners, cleaning brushes, Dishwashing brushes, Wiping cloths, Sponges for household use, Toilet sponges, Cosmetic utensils, Combs, Chamois leather for cleaning, Baths, Chamber pots, Non-electric coffee makers, Cork removers, Frying machines and Waffle irons, non-electric, Hand-held apparatus for making pasta, Thermally insulated food containers, Botlle openers, portable coldboxes, Pest, rodent and insect traps, Dog food scoops, Combs for animals, Feed dispensers of plastic for pets, food containers for pet animals, Containers of plastic for dispensing beverages to pets, bowels, Containers and food storage containers of silicone, plastic or glass, Lunch boxes, baking cases, Cookery molds [moulds], Colanders, food pots, mop heads, mop pails, Sugar tongs, Fodder carriers, Animal traps, Animal activated animal feeders, bowls for pets, Indoor terrariums for animals, Brushes for pets, combs for use on domestic animals, Drinking troughs for animals, Brushes for grooming pet animals, Grooming brushes for animals, Wire cages for household pets, Scoops for the disposal of animals excrement, Food bowls for pets, Scoops for collecting pet excrement, litter scoops for use with pet animals, Litter trays for pet animals, Pet grooming gloves, Toothbrushes for pets, Drinking bowls for pets, Brushes for pet grooming, electric, litter boxes for pets, pet feeding and drinking bowls, household containers for storing pet food, Birdcages, feeders for feeding birds in the wild, Electronic food-dispensing devices for pets, Vases, Sprinkling devices, Bread baskets, cake pans, Cookery molds [moulds], Sugar bowls, Kettles (non-electric), Goblets, not of precious metal, Cups, Camping grills, Coffee services (tableware), Tea services (tableware), Dinner services, Decanters, Cups, Egg cups, Dish covers, storage containers for food: of silicone, plastic and glass, Sugar tongs, Indoor aquaria, Ironing boards, laundry bins, cosmetics applicators, Cosmetic dispensers, Cotton ball dispensers, Dispensers for liquid soap [for household purposes], Dispensers for the storage of toilet paper [other than fixed], Paper towel dispensers, Sponges, Combs, Cases adapted for cosmetic utensils, perfume flasks, Rails for towels, not of precious metal, Cosmetic bags [fitted], fitted sponge bags, Cosmetic powder compacts, cosmetic spatulas for use with depilatory preparations, Laundry balls for use as household utensils, soap boxes, Chamber pots, Cosmetic holders, Racks for cosmetics, Cosmetic brushes, Cosmetic utensils, toilet utensils, Appliances for removing make-up, Powder compacts [cases], Toilet paper racks, Nail brushes, bath brushes, exfoliating brushes, Cosmetic spatulas, Holders for cosmetics, aerosol dispensers, not for medical purposes, Towel rails, toy banks, Furniture, mirrors, picture frames, Decorations of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum, and substitutes for all of these materials, or of plastic, Household or kitchen utensils and containers, Combs and spongers, Brushes (except paintbrushes) and brush-making materials, Articles for cleaning purposes, Steel wool, Unworked or semi-worked glass (except glass used in building), Glassware, porcelain and earthenware, Ropes, string, nets, Camping tents, Awnings, tarpaulins, Sails, Bags and handbags, Padding and stuffing materials (except of rubber or plastics), Raw fibrous textile materials, Yarns and threads, for textile use, textiles, Bed and table cloths, Clothing, footwear and headgear, Lace and embroidery, ribbons and braid, Buttons, hooks and eyes, Pins and needles, artificial flowers, In the field of carpets, Rugs, Mats and matting, Linoleum and other materials for covering existing floors, Wall hangings (non-textile), games and playthings, gymnastic and sporting articles, Decorations for Christmas trees, Meat, fish, poultry, game, meat extracts, Preserved, frozen, dried and cooked fruits and vegetables, Jellies, jams and fruit sauces, Eggs, milk and milk products, Edible oils and fats, Coffee, tea, cocoa, sugar, Rice, tapioca, sago, Artificial coffee, Flour and preparations made from cereals, Bread loaves, Confectionary and Sweets, ice-creams, Honey, treacle, Yeast, baking powder, salt, Mustard, vinegar, sauces (condiments), spices, ice, Agricultural, horticultural and forestry products and grains, Live animals, fresh fruits and vegetables, Seeds, natural plants and flowers, Foodstuffs for animals, Malt, beers, Mineral and aerated waters, and other non-alcoholic drinks, fruit drinks and fruit juices, Syrups or other preparations for making beverages, Tobacco, smoker's articles and matches.