The trademark OTOTO was filed by CERASELA-MIHAELA SIMIUC, a national of Romania (the "Applicant"). The application was published for oppositions on May 6, 2021, and received one opposition filed on July 22, 2021 by ESSENTIAL EXPORT, LIMITADA on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Ellipse IP, S.L.U. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 22, 2021
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003151344 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 30, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Unmanned retail store services relating to drink
Unmanned retail store services relating to food
Retail services relating to food
Retail services relating to delicatessen products
Retail services relating to flowers
Retail services relating to fruit
Retail services relating to candy
Retail services in relation to desserts
Retail services in relation to games
Retail services in relation to toys
Retail services in relation to beer
Retail services in relation to tobacco
Retail services relating to alcoholic beverages
Retail services in relation to fabrics
Retail services in relation to foodstuffs
Retail services in relation to non-alcoholic beverages
Retail services in relation to dietary supplements
Retail services in relation to festive decorations
Retail services relating to fragrancing preparations
Retail services relating to home textiles
Retail services in relation to toiletries
Retail services in relation to cleaning preparations
Retail services in relation to cleaning articles
Retail services in relation to meats
Retail services in relation to hygienic implements for humans
Retail services in relation to beauty implements for humans
Retail services in relation to pet products
Retail services in relation to disposable paper products.