The trademark Alma Latina was filed by Lidl Stiftung & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 20, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on September 20, 2021 by Víctor Guedes - Indústria e Comércio, S.A. on Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and its proceedings were handled in English
The second opposition filed on September 19, 2021 by ViniPortugal, Associação Interprofissional do Vinho on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Cerqueira, Joana Jorge and its proceedings were handled in English
The third opposition filed on September 19, 2021 by LEVANTE IMPORTACION Y EXPORTACION, S.L. on Likelihood of confusion. the opponent was represented by Ungría López, Javier and its proceedings were handled in English
The fourth opposition filed on September 15, 2021 by RUPP AG on Likelihood of confusion. the opponent was represented by KONZETT KOHLHAUPT FOLIE RECHTSANWÄLTE GMBH and its proceedings were handled in English
The fifth opposition filed on July 15, 2021 by HEINEKEN ESPAÑA, S.A. on Likelihood of confusion. the opponent was represented by FERNÁNDEZ-PALACIOS ABOGADOS, S.L.P.U. and its proceedings were handled in English
It was designated 'Basic Application' for International Application 1637291 at the World Intellectual Property Organization (WIPO).
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 12, 2023.
The Appeal with reference B R1449/2023-2 was No need to adjudicate according to Article 49(1) EUTMR with decision issued on October 16, 2023 by the EUIPO. The Opposition with reference B 003154885 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on May 16, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Medical and veterinary preparations and articles
Dental preparations and articles
Hygienic preparations and articles
Pharmaceuticals and natural remedies
Baby food
Dietetic beverages for babies adapted for medical purposes
Dietetic substances for babies
Infant formula
Beverages for infants
Medicinal tea
Tisanes [medicated beverages].
The mark was filed in class 29 with following description of goods:
Fish, seafood and molluscs
Fish spread
Fish in olive oil
Fish stock
Snacks consisting primarily of fish
Fish cakes
Fish jellies
Fish croquettes
Steamed or toasted cakes of fish paste (kamaboko)
Fish sausages
Crustaceans, not live
Fish roe, prepared
Squid [prepared]
Crab, processed
Spiny lobsters, processed
Processed seafood
Escargots
Processed fish
Meat
Sausages
Salami
Ham
Meat spreads
Meat substitutes
Poultry
Game
Meat extracts
Pre-packaged dinners consisting primarily of seafood
Antipasto salads
Prepared meals made from meat [meat predominating]
Prepared meals made from poultry [poultry predominating]
Prepared meals containing [principally] eggs
Prepared meals consisting principally of vegetables
Prepared meals containing [principally] bacon
Prepared meals consisting substantially of seafood
Prepared meals consisting principally of game
Instant soup
Soups
Broth [soup]
Stock cubes
Stock
Chicken stock
Veal stock
Consommes
Extracts for soups
Stock [prepared]
Processed fruits, fungi and vegetables (including nuts and pulses)
Fruit desserts
Fruit-based snack food
Prepared salads
Prunes
Banana chips
Potato chips
Pickled fruits
Pickled vegetables
Fruit chips
Fruit jellies
Fruit pulp
Fruit salads
Vegetables, cooked
Cooked fruits
Roasted nuts
Salted nuts
Cut fruits
Cut vegetables
Dried edible algae
Dried edible mushrooms
Dried fruit products
Dried fruit
Crystallized fruits
Candied nuts
Potato flakes
Potato-based gnocchi
Potato-based dumplings
Potato pancakes
Potato fritters
Mashed potato
Potato salad
Potato snacks
Preserved fruits
Preserved vegetables
Mixed pickles
Nut-based snack foods
French fries
Fruit- and nut-based snack bars
Coconut-based snacks
Snack foods based on vegetables
Snack foods based on legumes
Snack foods based on nuts
Milk-based snacks
Tofu-based snacks
Soya [prepared]
Soy-based food bars
Snacks of edible seaweed
Frozen vegetables
Frozen fruits
Tinned tomatoes
Tomato extracts
Dried fruit-based snacks
Prepared vegetable products
Prepared fruits
Jellies
Jams
Spreads consisting mainly of fruits
Fruit spread
Fruit marmalade
Marmalade
Compotes
Eggs
Yolk of eggs
Powdered eggs
Albumen for culinary purposes
White of eggs
Milk
Milk products
Butter
Cheese
Cheese products
Cream [dairy products]
Whipped cream
Yoghurt
Curd
Drinks made from dairy products
Coconut milk
Powdered milk for food purposes
Milk substitutes
Whey
Dairy puddings
Desserts made from milk products
Dips
Tzatziki
Oils and fats
Concentrated butter
Butter oil
Clarified butter
Coconut oil and fat [for food]
Maize oil for food
Nut oils
Canola oil.
The mark was filed in class 30 with following description of goods:
Artificial coffee
Cocoa
Coffee
Tea
Rice
Tapioca
Sago
Flour
Cereal preparations
Bread
Pretzels
Baguettes
Brioches
Bean jam buns
Frankfurter sandwiches
Pastries
Cookies
Cakes
Cake mixes
Flour confectionery
Rice-based prepared meals
Ready-made dishes containing pasta
Prepared meals in the form of pizzas
Pizza crust
Pizza bases
Pizzas (prepared)
Fresh pasta
Pasta containing stuffings
Dried pasta
Noodles
Ravioli
Farinaceous food pastes
Prepared pasta
Sandwiches
Cereal-based snack food
Rice-based snack food
Snack food products consisting of cereal products
Snack food products made from potato flour
Snack foods prepared from maize
Snacks manufactured from muesli
Packaged food consisting of rice with meat, fish or vegetables
Pâtés en croûte
Pastries consisting of vegetables and meat
Pastries consisting of vegetables and poultry
Pastries containing creams and fruit
Puff pastry
Snack foods made from corn
Snack foods made from wheat
Cereal snack foods flavoured with cheese
Popcorn
Crisps made of cereals
Flour based chips
Tortilla chips
Tortillas
Edible ices
Sherbets [ices]
Sorbets [water ices]
Frozen yoghurt [confectionery ices]
Sweetmeats [candy]
Bubble gum
Chocolate
Chocolate bars
Chocolates
Prepared desserts [chocolate based]
Prepared Desserts [confectionary]
Prepared Desserts [pastries]
Muesli bars
Sugar, honey, treacle
Sweet glazes and fillings and bee products for food
Baking powder
Yeast
Salt
Mustard
Vinegar
Sauces [condiments]
Spices
Flavourings, other than essential oils, for beverages
Ice [frozen water]
Soya flour for food.
The mark was filed in class 31 with following description of goods:
Agricultural and aquacultural crops, horticulture and forestry products
Sowing seeds
Seeds
Fresh fruits, nuts, vegetables and herbs
Live animals
Malts and unprocessed cereals.
The mark was filed in class 32 with following description of goods:
Mineral water [beverages]
Aerated water
Non-alcoholic beverages (except nonalcoholic beer, non-alcoholic wines and any beverage containing non-alcoholic beers or wines as part of its ingredients)