The trademark LEONE ALATO was filed by LEONE ALATO S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 14, 2021, and received one opposition filed on June 22, 2021 by HEINEKEN ESPAÑA, S.A. on Likelihood of confusion. the opponent was represented by FERNÁNDEZ-PALACIOS ABOGADOS, S.L.P.U. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 22, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on November 15, 2022.
The Opposition with reference B 003149368 was rejected according to Article 8(1)(b) EUTMR with decision issued on December 14, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietetic substances adapted for medical use
Hygienic preparations and articles
Dietary supplements and dietetic preparations
Disinfectants and antiseptics
Medicinal drinks
Vitamin drinks
All the aforesaid goods other than goods for dental use
Air freshening.
The mark was filed in class 29 with following description of goods:
Edible oils and fats
Extra virgin olive oil for food
Olives, preserved
Tomato purée
Meat preserves
Fish, preserved
Fish-based foodstuffs
Preserves, pickles
Meat
Fish, not live
Poultry
Game, not live
Meat extracts
Processed fruits, fungi, vegetables, nuts and pulses
Pickled vegetables
Dried fruit
Jellies, jams, compotes, fruit and vegetable spreads
Eggs
Milk
Milk products
Processed eggs
Drinks made from dairy products
Butter
Savory butters
Butter preparations
Anchovy, not live
Cheese fondue
Cheese
Cheese dips
Dried figs
Tuna fish [preserved]
Raisins
Almonds, ground
Fruit-based snack food
Truffles, preserved
Truffle juice
Processed apples
Mushrooms, preserved
Dips
Ham
Salami
Sausages.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Tea leaves
Tea extracts
Instant tea
Tea bags
Tea-based beverages
Tea for infusions
Infusions, not medicinal
Packaged tea [other than for medicinal use]
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Polenta
Yeast
Pasta
Dried and fresh pastas, noodles and dumplings
Dried pasta
Wholemeal pasta
Sour dough
Cookie dough
Pasta containing eggs
Rice
Flavoured rices
Sauces for rice
Dried cooked-rice
Prepared meals containing [principally] rice
Foodstuffs made of rice
Extruded food products made of rice
Foodstuffs made from cereals
Preparations made from cereals
Cereals for use in making pasta
Crackers made of prepared cereals
Cereal bars and energy bars
Ice [frozen water]
Sugar
Natural sweeteners
Honey
Salts, seasonings, flavourings and condiments
Spiced salt
Edible salt
Salt for preserving foodstuffs
Capers
Alimentary seasonings
Sauces [condiments]
Mayonnaise
Vegetable-based seasonings for pasta
Pasta sauce
Pesto [sauce]
Mustard
Vinegar
Flavoured vinegar
Fruit vinegar
Saffron [seasoning].
The mark was filed in class 31 with following description of goods:
Truffles, fresh
Mushrooms, fresh
Malt
Barley
Almonds [fruits]
Hazelnuts, fresh
Nuts [fruits]
Oats
Unprocessed wheat
Garden herbs, fresh
Nuts being fresh
Wheat
Unprocessed grains for eating
Buckwheat, unprocessed
Raw agricultural products
Rye
Sunflower seeds
Natural seeds
Preserved crops for animal feeds
Animal feed preparations
Live animals, organisms for breeding
Seeds, bulbs and seedlings for plant breeding
Plants
Flowers.
The mark was filed in class 32 with following description of goods:
Spring water
Aerated water
Bottled drinking water
Mineral water [beverages]
Flavoured waters
Soft drinks
Beer and brewery products
Non-alcoholic preparations for making beverages.
The mark was filed in class 35 with following description of goods:
Retail services in relation to truffles, fresh
Wholesale services in relation to truffles, fresh
Online retail services in relation to truffles, fresh
Retail services in relation to mushrooms, fresh
Wholesale services in relation to mushrooms, fresh
Online retail services in relation to mushrooms, fresh
Retail services in relation to malt
Wholesale services in relation to malt
Online retail services in relation to malt
Retail services in relation to barley
Wholesale services in relation to barley
Online retail services in relation to barley
Retail services in relation to almonds [fruits]
Wholesale services in relation to almonds [fruits]
Online retail services in relation to almonds [fruits]
Retail services in relation to hazelnuts
Wholesale services in relation to hazelnuts
Online retail services in relation to hazelnuts, fresh
Retail services in relation to nuts [fruits]
Wholesale services in relation to nuts [fruits]
Online retail services in relation to nuts [fruits]
Retail services in relation to oats
Wholesale services in relation to oats
Online retail services in relation to oats
Retail services in relation to unprocessed wheat
Wholesale services in relation to unprocessed wheat
Online retail services in relation to unprocessed wheat
Retail services in relation to garden herbs, fresh
Wholesale services in relation to garden herbs, fresh
Online retail services in relation to garden herbs, fresh
Retail services in relation to nuts being fresh
Wholesale services in relation to nuts being fresh
Online retail services in relation to nuts being fresh
Retail services in relation to wheat
Wholesale services in relation to wheat
Online retail services in relation to wheat
Retail services in relation to unprocessed grains for eating
Wholesale services in relation to unprocessed grains for eating
Online retail services in relation to unprocessed grains for eating
Retail services in relation to buckwheat, unprocessed
Wholesale services in relation to buckwheat, unprocessed
Online retail services in relation to buckwheat, unprocessed
Retail services in relation the following goods: agricultural products (untreated)
Online wholesale services in relation the following goods: agricultural products (untreated)
Online retailing in relation the following goods: agricultural products (untreated)
Retail services in relation to rye
Wholesale services in relation to rye
Online retail services in relation to rye
Retail services in relation to sunflower seeds
Wholesale services in relation to sunflower seeds
Online retail services in relation to sunflower seeds
Retail services in relation to natural seeds
Wholesale services in relation to natural seeds
Online retail services in relation to natural seeds
Retail services in relation to preserved crops for animal feeds
Wholesale services in relation to preserved crops for animal feeds
Online retail services in relation to preserved crops for animal feeds
Retail services in relation to animal feed preparations
Wholesale services in relation to animal feed preparations
Online retail services in relation to animal feed preparations
Retail services in relation to live animals, organisms for breeding
Wholesale services in relation to live animals, organisms for breeding
Online retail services in relation to live animals, organisms for breeding
Retail services in relation to seeds, bulbs and seedlings for plant breeding
Wholesale services in relation to seeds, bulbs and seedlings for plant breeding
Online retail services in relation to seeds, bulbs and seedlings for plant breeding
Retail services in relation to plants
Wholesale services in relation to plants
Online retail services in relation to plants
Retail services relating to flowers
Wholesale services relating to flowers
Online retail services in relation to flowers
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Online retailing of pharmaceuticals, veterinary and sanitary preparations and medical supplies
Retail services relating to food
Wholesaling of foodstuffs
Online retailing of foodstuffs
Retail services in relation to non-alcoholic beverages
Wholesale services in relation to non-alcoholic beverages
Retail services provided online in relation the following goods: Non-alcoholic beverages
Retail services in relation to beer
Wholesale services in relation to beer
Retail services provided online in relation the following goods: Beer.
The mark was filed in class 43 with following description of goods:
Serving food and drinks
Bar services
Services for providing food and drink
Providing temporary accommodation
Rental of temporary accommodation in holiday homes and flats
Food and drink catering
Provision of event facilities and temporary office and meeting facilities
Wine tasting services (provision of beverages)
Banqueting services
Banqueting services
Providing banquet and social function facilities for special occasions