The trademark Nativa was filed by RAUCH Fruchtsäfte GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on July 29, 2021, and received one opposition filed on October 28, 2021 by ITM ENTREPRISES on Likelihood of confusion. the opponent was represented by CABINET NETTER and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 28, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on August 8, 2021. A transfer of the trademark registration was recorded on August 9, 2021.
Goods And Services
The mark was filed in class 30 with following description of goods:
Coffee, cocoa and coffee substitutes being prepared beverages
Tea
Coffee-based beverages
Chocolate-based beverages
Cocoa-based beverages
Coffee beverages with milk
Coffee-based beverages with milk
Cappuccino
Macchiato
Latte-macchiato
Iced coffee
Rice
Pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Farinaceous foods
Bread, pastry and confectionery
Confections
Pralines and confectionery
Chocolate and chocolate products
Edible ices
Ice cream, sorbets and other kinds of edible ices
Honey, treacles
Yeast, baking-powder
Salt, condiments, spices, preserved herbs
Mustard
Vinegar, sauces and other condiments
Ice [frozen water]
Marinades
Fruit sauces
Tomato sauces
Ice for refreshment
Tea drinks
Iced tea
Tea-based beverages
Tea-based beverages with fruit taste or fruit flavouring
Fruit teas
Fruit teas containing lemon and/or flavoured with elderflower
Fruit teas containing peach and/or flavoured with honey.
The mark was filed in class 32 with following description of goods:
Beer
Waters
Mineral and aerated waters
Non-alcoholic beverages
Non-alcoholic mixed drinks, In particular with juices
Juices
Fruit beverages and fruit juices
Fruit-flavoured beverages
Nectars
Fruit nectars
Fruit nectar beverages
Non-alcoholic beverages made from juice concentrates
Vegetable juice, Vegetable beverages and Vegetable juices [beverages]
Vegetable juice beverages
Syrups, Especially, Cordials, Other preparations, Especially, Non-alcoholic fruit preparation, all the aforesaid goods used in the preparation of beverages
Energy Drinks
Lemonades
Non-alcoholic beverages, in particular fruit-flavoured beverages
Smoothies
Flavoured water-based and/or tea-based beverages
Water-based beverages
Coconut juice
Coconut water
Tomato juice
Non-alcoholic beverages made with fruits
Non-alcoholic fruit extracts
Fruit juice concentrates
Cocktails, non-alcoholic
Isotonic beverages
Non-alcoholic beverages With coffee ingredients, coffee aroma or coffee flavour
Must
Aperitifs, non-alcoholic
Whey beverages
Non-alcoholic beverages flavoured with tea
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages with fruit flavouring
Non-alcoholic beverages with a tea taste or tea flavour
Non-alcoholic beverages containing tea or tea extracts
Fruit-based soft drinks flavored with tea
Syrups for beverages
Shandy.
The mark was filed in class 39 with Beverage delivery services.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink, including catering, and temporary accommodation
Food and drink catering
Bar services
Cocktail bars
Managing, in relation to the following fields, Fruit juice and smoothie bars, Juice bars
Bar services, in particular for drinks bars, in particular for fruit juice and smoothie bars and fruit bars
Preparation of beverages and meals
Takeaway services
Services for providing food and drink by means of beverage dispensers
Services for providing food and drink in drinks bars with off-trade sales
Consultancy and information relating to the preparation of beverages and meals
Consultancy and information in relation to all of the aforesaid services.