The trademark Ootopia was filed by MB ELEON SINGLE MEMBER P.C., a corporation established under the laws of the Hellenic Republic (the "Applicant"). The application was published for oppositions on July 26, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on October 25, 2021 by SOCIEDADE AGRÍCOLA QUINTA DO CONDE, S.A. on Likelihood of confusion. the opponent was represented by FURTADO - MARCAS E PATENTES, S.A. and its proceedings were handled in English The second opposition filed on September 28, 2021 by OPKO HEALTH SPAIN, S.L.U. on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and its proceedings were handled in English
It was designated 'Basic Application' for International Application 1642130 at the World Intellectual Property Organization (WIPO).
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 5, 2023.
The Appeal with reference B R2405/2022-1 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on January 8, 2024 by the EUIPO. The Opposition with reference B 003155637 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 5, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Soaps and gels
Bath preparations
Cosmetics for the use on the hair
Cosmetics in the form of oils
Skin moisturisers
Cosmetics in the form of milks
Skincare cosmetics
Cosmetics in the form of lotions
Cosmetics in the form of creams
Skin masks [cosmetics]
Non-medicated beauty preparations
Essential oils and aromatic extracts
Toiletries
Cleaning and fragrancing preparations
Body cleaning and beauty care preparations
Eye cream.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear.
The mark was filed in class 29 with following description of goods:
Game, not live
Fish, not live
Poultry
Meat
Meat extracts
Frozen vegetables
Preserved vegetables
Vegetables, dried
Vegetables, cooked
Fruit, preserved
Dried fruit
Frozen fruits
Cooked fruits
Jellies for food
Jams
Eggs
Milk
Cheese
Butter
Yogurt
Milk products
Oils and fats for food
Olive oil
Organic olive oil
Olive oil for food
Extra virgin olive oil
Dried olives
Stuffed olives
Preserved olives
Olive paste
Olive puree.
The mark was filed in class 30 with following description of goods:
Flavoured vinegar
Balsamic vinegar
Artificial coffee
Cocoa
Coffee
Tea
Rice
Pasta
Noodles
Tapioca
Sago
Flour
Preparations made from cereals
Bread
Sugar, honey, treacle
Yeast
Baking powder
Salt
Seasonings
Spices
Preserved herbs
Vinegar
Sauces
Sauces [condiments]
Dry condiments
Relishes [condiments]
Honey.
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fresh fruits, nuts, vegetables and herbs
Natural plants and flowers
Seeds, bulbs and seedlings for plant breeding
Raw olives
Fresh olives.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages, except beers
Alcoholic preparations for making beverages
Wine
Spirits [beverages].
The mark was filed in class 35 with following description of goods:
Retail and wholesale services including online and via the internet relating to meat, fish, poultry and game
Retail and wholesale services including online and via the internet relating to olive oil, organic olive oil, olive oil for food, extra virgin olive oil, extra virgin olive oil for food, olives, olive paste
Retail and wholesale services including online and via the internet relating to perfumery
Retail and wholesale services including online and via the internet relating to cleaning and fragrancing preparations
Retail and wholesale services including online and via the internet relating to clothing, footwear, headwear, coffee, tea, cocoa and artificial coffee, rice, pasta and noodles, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, chocolate, ice cream, sorbets and other edible ices, sugar, honey, treacle
Retail and wholesale services including online and via the internet relating to yeast, baking-powder, salt, seasonings, spices, preserved herbs, vinegar, sauces and other condiments, raw and unprocessed agricultural, aquacultural, horticultural and forestry products, raw and unprocessed grains and seeds, fresh fruits and vegetables, fresh herbs
Retail and wholesale services including online and via the internet relating to alcoholic beverages, except beers, alcoholic preparations for making beverages, wine, spirits [beverages], preserved, frozen, dried and cooked fruits and vegetables, jellies, jams, compotes, eggs, milk, cheese, butter, yogurt and other milk products.
The mark was filed in class 39 with following description of goods:
Organization and arrangement of travels and wellness vacation [travel]
Travel agency services
Travel agency services, namely reservation and booking of transportation
Transportation of passengers by land, in the air and on the water
Reservation and delivery of travel tickets and tour tickets, in particular, airline tickets, tickets for cruises and train tickets
Reservation services in connection with the rental of vehicles (water, land and air vehicles)
Arranging, planning, organizing and performing tours for tourists, sightseeing tours, travel tours and excursions
Travel consultancy services
Travel tour guide services
Travel arrangement
Services for the arranging of tours
Services for the arranging of excursions for tourists
Consultancy services relating to travel
Consultancy services relating to tourism relating to tourist travel.
The mark was filed in class 41 with following description of goods:
Entertainment
Sporting and cultural activities
Education, instruction, entertainment, in particular relating to aquatic activities, diving with self-contained breathing apparatus, snorkelling, skin diving and free diving