The trademark E MULTIMIX was filed by CELLI S.p.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 4, 2021, and received one opposition filed on July 5, 2021 by Multiscience GmbH on Likelihood of confusion. the opponent was represented by EISENFÜHR SPEISER PATENTANWÄLTE RECHTSANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 5, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 7 with following description of goods:
Beverage making machines
Tapping installations for beer, wine and other beverages
Pumps for pouring and dispensing beverages
Towers and taps for tapping beer and other beverages in dispensers therefor
Apparatus for aerating beverages
Plug cocks [parts of machines]
Taps being parts of machines
Taps being parts of machines
Cocks [valves] of metal parts of machines
Filling machines
Dispensing machines [other than vending machines]
Mixing systems for dispensing beverages, namely consisting of dispensing equipment
Pressure controllers [valves] being parts of machines
Parts and fittings for equipment for dispensing beverages
Parts and fittings for all the aforesaid goods.
The mark was filed in class 9 with following description of goods:
Electric and electronic scientific apparatus and instruments for measuring, control and regulation
Sensing and monitoring apparatus and instruments, apparatus and instruments for measuring optical and electrical properties
Apparatus and instruments for identifying, measuring, sensing and checking liquids
Gas testing instruments
Pressure measuring apparatus
Flowmeters
Test apparatus for dispense machines
Apparatus for inspection of packaging means, especially of preforms of synthetic material, bottles of synthetic material and lids for container
Apparatus and instruments for automatically controlling and/or monitoring the level and/or flow of liquids
Machines for testing bottles, cans, glass, packaging units, cartons, wine shelves and parcels
Sensors
Junction boxes [electricity]
Computer programs and software
Signal and data media
Monitoring control apparatus [electric]
Scientific, electric and electronic apparatus and instruments all for receiving, processing, transmitting, storing, relaying, inputting or outputting of data
Chips [integrated circuits]
Inspection apparatus and instruments
Inspection control panels
Optical scanners, image scanners
Chips [integrated circuits]
Data logging and storage devices
Computers for the beverages, food, pharmaceutical, cosmetic, chemical and synthetic material processing industries
Communications and telecommunications apparatus and instruments
Computer programs for the control of machines for the beverages, food, pharmaceutical, cosmetic, chemical and synthetic material processing industries
Display screens
Materials testing machines
Customer relationship manager (CRM) software
Electronic databases recorded on computer media
Computer software applications, downloadable
Software
Web applications
Computer programs, downloadable
Computers
Computer peripheral devices
Computer software enabling restaurants, bars and pubs to display details and availability of selections of draught beverages
Data processing apparatus
Valves (Electronic controls for automatically operating -)
Valve operators [electric controls]
All the aforementioned goods aimed at being used in the beverage industry.
The mark was filed in class 11 with following description of goods:
Water conditioning apparatus
Water filtering apparatus
Water softening machines, apparatus and installations
Machines and apparatus for reverse osmosis
Water filter
Beverage cooling apparatus
Installations for heating beverages
Mixing valves [faucets]
Water control valves for faucets
Single lavatories moulded from composite material
Single lavatories pressed from steel
Single lavatories being inset
Toilets [water-closets]
Taps for regulating water flow
Taps for water supply installations
Mixer taps [faucets]
Electrically controlled water faucets
Towers and taps for tapping beer and other beverages in dispensers therefor
Regulating apparatus for water apparatus
Filter apparatus for water supply installations
Apparatus for controlling water supply
Filters for use with apparatus for water supply
Towers and taps for tapping beer and other beverages in dispensers therefor
Installations for cooling beverages whether aerated or not, in particular pre-mix and post-mix installations
Water purifying apparatus
Apparatus for filtering drinking water
Water softening units
Water purifying apparatus
Water coolers
Cold water makers
Parts and fittings for all the aforesaid goods.
The mark was filed in class 20 with following description of goods:
Containers (Non-metallic -) for kegging beverages
Cocktail units (furniture)
Valves (Non-metallic -) [taps] for controlling the flow of liquid into barrels
Valves (Non-metallic -) [taps] for controlling the flow of liquid into barrels
Containers (Non-metallic -) adapted for packaging beer
Containers (non-metallic-) adapted for storing beer
Valves (Non-metallic -) [taps] for controlling the flow of liquid out of barrels
Valves (Non-metallic -) [taps] for controlling the flow of liquid out of barrels.
The mark was filed in class 21 with following description of goods:
Beverage stirrers
Towers and taps for tapping beer and other beverages in dispensers therefor
Drinks containers
Heat-insulated containers for beverages
Portable beverage dispensers
Insulated containers for beverages
Drinking vessels
Beverage coolers [containers]
Portable beverage coolers
Portable cold keeping containers (not of precious metal) for food and drinks
Vacuum flasks for holding drinks
Hand-operated apparatus for household or kitchen for making aerated beverages
Parts and fittings for all the aforesaid goods
Straws for drinking.
The mark was filed in class 35 with following description of goods:
Acquisition of commercial information
Updating and maintenance of data in computer databases
Administration of the business affairs of retail stores
Sales administration
Administration of consumer loyalty programs
Administration of sales promotion incentive programs
Business analysis
Providing assistance in the field of product commercialization
Marketing assistance
Advertising, marketing and promotional consultancy, advisory and assistance services
Analysis of marketing trends
Business management analysis
Systemisation of information into computer databases
Compilation and provision of trade and business price and statistical information
Advisory services relating to sales promotion
Data processing
Marketing advice
Business management of retail outlets
Management of customer loyalty, incentive or promotional schemes
Market research
Commercial information and advice for consumers [consumer advice shop]
Marketing
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Organisation of customer loyalty programs for commercial, promotional or advertising purposes
Organisation of promotions using audiovisual media
Organization, operation and supervision of sales and promotional incentive schemes
Sales promotion
Economic forecasting and analysis
Consumer research
Market research and marketing studies
Collection and systematization of business data
Advisory services relating to sales promotion
Publicity and sales promotion services
Development and implementation of marketing strategies for others
Internet marketing
Electronic stock management services
Electronic order processing.
The mark was filed in class 37 with following description of goods:
Installation, maintenance and repair of machines for making beverages, tapping installations for beer, wine and other beverages, beverage mixing and dispensing columns, columns and taps for tapping beer and other beverages in dispensing apparatus therefor
Installation, maintenance and repair of apparatus for aerating beverages, taps of metal for casks, taps for casks of metal, drain traps of metal, taps of metal for casks, spigots [stoppers] of metal
Installation, maintenance and repair of vent taps of metal, plug cocks [parts of machines], taps being parts of motors and engines, taps being parts of machines
Installation, maintenance and repair of cocks [valves] of metal being parts of machines
Installation, maintenance and repair of apparatus for drawing up beer under pressure, filling machines, dispensing machines (other than vending machines), mixing systems for dispensing beverages, namely dispensing equipment assemblies, compressors of metal
Installation, maintenance and repair of electric and electronic scientific apparatus and instruments for measuring, controlling and regulating, apparatus and instruments for detecting and controlling, apparatus and instruments for measuring optical and electric properties
Installation, maintenance and repair of apparatus and instruments for identifying, measuring, detecting and controlling liquids, gas testing apparatus, pressure measuring apparatus, flowmeters, analysing apparatus for dispensers
Installation, maintenance and repair of inspection apparatus for packaging material, in particular preforms of synthetic materials, bottles of synthetic materials and lids for containers, apparatus and instruments for automatic checking (supervision) and/or surveillance of liquid level and/or flow
Installation, maintenance and repair of machines for testing bottles, cans, glass, packaging units, cartons, racks for wine and parcels, sensors, junction boxes (electricity), signal and data carriers
Installation, maintenance and repair of monitoring control apparatus [electric]
Installation services, Maintenance and repair of scientific, In electric and electronic form, for receiving, Processing, Broadcasting, Filing, Relaying, Inputting and outputting data
Installation, maintenance and repair of silicon chips [integrated circuit], inspecting apparatus and instruments, inspection control panels, optical scanners, image scanners, silicon chips
Installation, maintenance and repair of automatic data recording and storage devices
Installation, maintenance and repair of computers for the food, pharmaceutical, cosmetic, chemical and synthetic material processing industries
Installation services, Repair and maintenance of telecommunications and communications apparatus and instruments, Machines for testing materials
Installation, maintenance and repair of electronic databases recorded on computer media, computer applications, computers, peripherals designed for use with computers, data processing apparatus
Installation, maintenance and repair of boilers for hot water for making beverages, Refrigerated beverage dispensers (other than vending units), Beverage cooling devices, Chilled beverage dispensers (other than automatic vending machines), Refrigerated beverage dispensers, Refrigerators for beverages for motor vehicles, Installations for heating beverages
Installation, maintenance and repair of electric water heaters for making beverages, heat exchangers for controlling the temperature of beverages being dispensed, refrigerated cabinets for displaying beverages
Installation, maintenance and repair of mixing valves (taps), water regulating valves for taps, tap sprayers, individual taps made from composite materials, individual taps made from pressed steel, individual flush-mounted taps, individual taps, taps for regulating gas flow
Installation, maintenance and repair of taps for regulating water flow, taps for water supply installations, mixer taps for manually regulating water temperature
Installation, maintenance and repair of regulating apparatus for beverage dispensers, regulating apparatus for water supply installations, filter apparatus for water supply installations, pressure relief apparatus being part of water supply systems
Installation, maintenance and repair of apparatus for controlling water supply, apparatus for dispensing cold beverages, drinking water supply apparatus
Installation, maintenance and repair of filters for use with water supply apparatus, supply air diffusers, air purgers for use with water supply installations, drinking water supply installations, water taps being parts of water supply installations
Installation, maintenance and repair of temperature regulating valves [parts for water dispensing installations], spray units namely parts for water supply installations
Installation, maintenance and repair of water supply instruments, water mixers, coils [parts of distilling, heating or cooling installations], washbasins and filters for washbasins, drip collars
Installation, maintenance and repair of refrigerated and non-refrigerated beverage dispensers, refrigerating installations for aerated and non-aerated beverages, in particular pre-mix and post-mix installations
Installation, maintenance and repair of agitators for beverages, Towers and taps for tapping beer and other beverages in dispensers therefor, Beverage holders, Heat insulated containersfor beverages, Portable beverage dispensers, Insulated containers for beverages, Drink pads, Beverage coolers (receptacles), Beverage coolers [containers], Portable cold keeping container (not of precious metal) for food and drinks, Thermal insulated bottles for beverages, Hand apparatus for the household or kitchen
Installation, maintenance and repair of stirrers for manual apparatus for making aerated beverages, parts and fittings for all the aforesaid goods, drinking straws
Installation, maintenance and repair of containers, not of metal, for beverages on tap, furniture with fittings for making alcoholic and non-alcoholic beverages, valves (taps), not of metal, for regulating the flow of liquid entering casks, containers, not of metal, for packaging of beer, containers, not of metal, for storage of beer.
The mark was filed in class 39 with following description of goods:
Providing information about temporary storage services
Storage information
Rental of storage facilities
Information services relating to refrigerated storage
Storage information
Storage of beverages.
The mark was filed in class 42 with following description of goods:
Installation, maintenance and repair of computer programs and software, computer programs for controlling machines for the food, pharmaceutical, cosmetic, chemical and synthetic materials processing industries
Installation, maintenance and repair of display screens, computer software for customer relationship management (CRM), downloadable software
Installation, maintenance and repair relating to computer software, Web applications, computer programmes (downloadable)
Installation, maintenance and repair of computer software enabling restaurants, bars and pubs to display details and availability of selections of draught beverages
All the aforementioned services aimed at being used in the beverage industry.