The trademark PINK NIKITA was filed by PLANTAS DE NAVARRA, S.A., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on August 12, 2021, and received one opposition filed on November 4, 2021 by EUROPEAN FRUIT CO-OPERATION, coöperatieve vennootschap on Likelihood of confusion. the opponent was represented by Winger Trademarks BV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 4, 2021
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 003157821 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 29, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 31 with following description of goods:
Living fruit plants
Seeds for fruit
Seeds, bulbs and seedlings for plant breeding
Crop seeds
Agricultural seeds
Fruit trees
Cuttings (Plant -)
Bulbs (Plant -) for agricultural use
Seeds for planting
Bulbs for planting
Propagation material [seeds]
Bulbs for horticultural purposes
Other than those belonging to the botanical genera Solanum tuberosum L., Nerine Bowdenii W. Watson, Chrysanthemum L., Secale cereale L., Hordeum Vulgare L., Ficus Benjamina L., Zea Mays L., Helleborus x nigercors J. T. Wall, Glycine max (L.) Merr., Cucumis Sativus L., Pisum Sativus L., Anthurium Schott, Bassica Napus L., Chrysanthemum x morifolium Ramat
All the aforesaid goods excluding the following goods: Apples, Pears, Apple trees and Pear trees.