The trademark delic FOOD was filed by EDIPO, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on March 14, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on June 14, 2022 by CARAPELLI FIRENZE, S.p.A. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and its proceedings were handled in English The second opposition filed on May 30, 2022 by INDUSTRIAS LACTEAS ASTURIANAS, S.A. on Likelihood of confusion. the opponent was represented by Riera Blanco, Juan Carlos and its proceedings were handled in ES
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003171960 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 17, 2023 by the EUIPO. The Opposition with reference B 003172867 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 24, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yoghurt and other dairy products
Oils and fats for food
Foodstuffs of animal origin
Vegetables and garden herbs and Vegetables
Food based on meat, Fish-based foodstuffs, Foodstuffs based on vegetables or fruits, Vegetable-based foodstuffs, pulse-based foodstuff
Edible insects
Milk beverages (milk predominating)
Milk substitutes
Almond milk
Coconut milk
Peanut milk
Rice milk
Soya milk
Mushrooms, preserved
Pulses and nuts prepared for human consumption
Grains prepared for human consumption, not being seasonings or flavourings.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Chocolate
Ice creams, sorbets and other edible ices
Sugar, honey, treacle
Yeast, baking-powder
Salt, seasonings, spices, preserved herbs
Vinegar, sauces and other condiments
Ice for refreshment
Cocoa, coffee, chocolate or tea-based beverages
Oat flakes
Corn chips
Husked barley
Bulgur
Muesli
Pizzas
Pies
Sandwiches
Chocolate-coated nuts
Flavourings for foodstuffs and beverages (other than essential oils).
The mark was filed in class 32 with following description of goods:
Beer
Non-alcoholic beverages
Mineral waters
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages
Non-alcoholic beverages
Beer
De-alcoholized drinks
Soft drinks
Rice-based and soy-based beverages, other than milk substitutes
Energy drinks
Isotonic beverages
Protein-enriched sports beverages
Essences and non-alcoholic fruit extracts for making beverages.