The trademark FRESHFUL was filed by DANTE INTERNATIONAL SA, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on November 2, 2021, and received one opposition filed on February 2, 2022 by S.A.T. 9895 AGRICOLA PERICHAN on Likelihood of confusion. the opponent was represented by Abellán Pérez, Almudena and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 2, 2022
The application was filed in Romanian, and Romanian 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 October 12, 2021. Change of name and address of the trademark registration was recorded on October 9, 2022. Change of name and address of the trademark registration was recorded on October 16, 2022.
The Opposition with reference B 003163425 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 29, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Toiletries
Essential oils and aromatic extracts
Cleaning and fragrancing preparations
Perfumery and fragrances
Body cleaning and beauty care preparations
Oral hygiene preparations.
The mark was filed in class 5 with following description of goods:
Hygienic preparations and articles
Dental preparations and articles
Dietary supplements and dietetic preparations
Pest control preparations and articles
Air deodorising and air purifying preparations
Sanitary preparations and articles
Dental preparations and articles, and medicated dentifrices
Medical dressings, coverings and applicators
Pharmaceuticals and natural remedies
Thermal water
Medicines for veterinary purposes
Preparations of trace elements for human and animal use
Pharmaceutical preparations for veterinary use
Medical preparations
Medicated sunscreen preparations
Medicinal healthcare preparations
Mineral preparations for medical purposes.
The mark was filed in class 8 with following description of goods:
Hand-operated hygienic and beauty implements for humans and animals
Hair styling appliances
Hair cutting and removal implements
Manicure and pedicure tools
Electric irons for styling hair
Hair clippers
Hand tools for use in beauty care
Cutlery, kitchen knives, and cutting implements for kitchen use
Hand-operated tools and implements for treatment of materials, and for construction, repair and maintenance
Agricultural, gardening and landscaping tools
Hand tools for construction, repair and maintenance
Lifting tools.
The mark was filed in class 9 with following description of goods:
Software
Computer programs, downloadable
Computer software applications, downloadable
Software and applications for mobile devices
E-commerce and e-payment software
Software
Mobile software
Downloadable instant messaging software
Instant messaging software
Downloadable software in the nature of a mobile application for dark kitchen delivery and ordering
Computer networking and data communications equipment.
The mark was filed in class 21 with following description of goods:
Household utensils for cleaning, brushes and brush-making materials
Cooking pot sets
Carving boards
Cooking pots
Tableware, cookware and containers
Coffee grinders
Travel mugs
Pepper mills, hand-operated
Coin banks
Utensils for household purposes
Toilet utensils
Cosmetic, hygiene and beauty care utensils
Combs
Sponges
Brushes
Unworked and semi-worked glass, not specified for use
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Articles for the care of clothing and footwear
Aquaria and vivaria
Devices for pest and vermin control
Drinking troughs
Combs for animals
Animal activated animal feeders
Electronic pet feeders
Litter boxes for pets
Lawn sprinklers
Flower pots
Window-boxes
Gardening gloves
Holders for flowers and plants [flower arranging]
Watering devices
Vases
Dispensers for liquid soap [for household purposes]
Dispensers for the storage of toilet paper [other than fixed]
Dispensers for cosmetics
Dispensers for liquid soap
Dispensers for liquids for use with bottles
Dispensers for facial tissues
Washtubs
Bowls [basins]
Towel baskets
Shower gel dispensers
Towel rings
Soap racks
Holders for cosmetics.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Toys, games, and playthings
Climbing units [playground equipment]
See-saws [playground apparatus]
Climbing frames (play things)
Bouncy castles
Playhouses for children
Playground apparatus for children
Swings
Decorations for Christmas trees
Artificial Christmas trees.
The mark was filed in class 29 with following description of goods:
Meat and meat products
Processed fruits, fungi, vegetables, nuts and pulses
Prepared insects and larvae
Sausage skins and imitations thereof
Birds eggs and egg products
Fish, seafood and molluscs, not live
Jellies, jams, compotes, fruit and vegetable spreads
Dairy products and dairy substitutes
Soups and stocks, meat extracts
Edible oils and fats
Ready cooked meals consisting wholly or substantially wholly of meat
Prepared meals consisting primarily of meat substitutes
Chilled foods consisting predominately of fish
Dried fruit mixes
Mixes for making soup
Vegetable-based entrees
Frozen prepared meals consisting principally of vegetables
Prepared meals consisting principally of vegetables
Dishes of fish
Quick-frozen vegetable dishes
Prepared meals consisting substantially of seafood.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Ice, ice creams, frozen yogurts and sorbets
Salts, seasonings, flavourings and condiments
Vinegar
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Biscuits
Crispbread snacks
Cereal bars and energy bars
Sweets (candy), candy bars and chewing gum
Pastries, cakes, tarts and biscuits (cookies)
Chocolate
Bread
Pasta.
The mark was filed in class 31 with following description of goods:
Live animals, organisms for breeding
Agricultural and aquacultural crops, horticulture and forestry products
Bait, not artificial
Litter peat
Fodder
Fresh fruits, nuts, vegetables and herbs
Natural plants and flowers
Malt.
The mark was filed in class 32 with following description of goods:
Beer and brewery products
Non-alcoholic preparations for making beverages
Soft drinks.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Preparations for making alcoholic beverages
Cider
Alcoholic preparations for making beverages.
The mark was filed in class 34 with following description of goods:
Articles for use with tobacco
Matches
Tobacco and tobacco products (including substitutes)
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor.
The mark was filed in class 35 with following description of goods:
Business assistance, management and administrative services
Advertising, marketing and promotional services
Loyalty scheme services
Loyalty, incentive and bonus program services
Organisation and management of business incentive and loyalty schemes
Management of customer loyalty, incentive or promotional schemes
Administration of a discount program for enabling participants to obtain discounts on goods and services through use of a discount membership card
Promoting the goods and services of others through discount card programs
Administration of loyalty programs involving discounts or incentives
Promotion services
Business promotion
Advertising services for the promotion of e-commerce
Distribution of promotional matter
Promotional marketing
Publicity and sales promotion services
Development of promotional campaigns
Computerised business promotion
Sales promotion for others
Promotional services provided by telephone
Retail sales services and Wholesaling, Including online, in relation to the following goods: Toiletries, Essential oils and aromatic extracts, Cleaning and fragrancing preparations, Perfumery and fragrances, Cleaning and beauty preparations for the body, Oral hygiene preparations, Hygiene preparations and articles, dental preparations and articles, Dietary supplements and dietetic preparations, Preparations and goods for combating pests, Air deodorising and air purifying preparations, Sanitary preparations and articles, Dental preparations and articles and medicated dentifrices, Medical dressings, coverings and applicators, Natural and pharmaceutical remedies, Thermal water, Veterinary drugs, preparations of trace elements for human and animal consumption, Pharmaceutical products for veterinary purposes, medicated preparations, medicated sun care preparations, Medicinal healthcare preparations, Preparations of minerals Than for medical purposes, Hand-operated care implements for the hygiene and grooming of humans and animals, Apparatus for grooming hair, Instruments for cutting and straightening hair, Manicure and pedicure implements, Electric irons for styling hair, Hair clippers, hand tools for use in beauty care, Flatware, Kitchen knives and Cutting implements for kitchen use, Hand-operated tools and implements for the treatment of materials, and for construction, repair and maintenance, Tools for use in agriculture, gardening and landscaping, Hand tools for construction, repair and maintenance, Lifting Tools, Software, Computer programs (downloadable soft-ware), computer software applications, downloadable, software and applications for mobile devices, Ecommerce software and E-payment software, Software, mobile software, Downloadable instant messaging software, Instant messaging software, downloadable software in the nature of a mobile application for dark kitchen delivery and ordering, computer networks and Data communications equipment, Household cleaning utensils, Bottle-brushes and brushes brush-making materials, kitchen appliances, Black boards, Cooking pots, Tableware, cookware and containers, Machines for grinding coffee, thermally insulated flasks, pepper mills, piggy banks, household utensils, Toilet utensils, Cosmetic utensils, Hygiene utensils and Beauty care utensils, Combs, Sponges, Bottle-brushes, Paint brushes, Unworked or semi-worked glassware, For unspecified use, statues, figurines, Floor boards and objects of art, of the following materials: procelain, Terracotta or glass, Articles for the care of clothing and footwear, Aquariums and vivariums, Articles for controlling pests and vermin, Drinking troughs, Combs for animals, Animal activated animal feeders, electronic pet feeders, Litter trays for pets, Sprinklers, Flower pots, Plant boxes, Gardening gloves, Holders for flowers and plants (flower arranging), Watering devices, Vases, Dispensers for liquid soap [for household purposes], Dispensers for the storage of toilet paper [other than fixed], dispensers for cosmetics, Dispensers for liquid soap, Dispensers for liquids for use with bottles, dispensers for facial tissues, Baths, Sinks, Towel baskets, shower gel dispensers, Rings for towels, Soap dishes, Holders for cosmetics, sporting articles and equipment, playthings, Games and play things, Climbing units [playground equipment], See-saws [playground apparatus], Climbing frames (playthings), Bouncy castles for children, Play houses, Playground apparatus for children, bassinettes, Christmas novelties, artificial Christmas trees, Meat and meat products, Fruit, fungi, Vegetables, walnuts and Processed pulses, Prepared insects and larvae, Casings for sausages and Imitations of sausage skins, Eggs and egg products, Fish, seafood and molluscs, not live, Jellies, marmalades, compotes, Fruit and vegetable pastes, Dairy products and dairy substitutes, Soups and stocks, meat extracts, Oils and edible fats, Ready meals consisting wholly or substantially of meat, prepared meals consisting primarily of meat substitutes, chilled foods consisting predominately of fish, dried fruit mixes, Soup mixes, vegetable-based entrees, frozen prepared meals consisting principally of vegetables, Cooked meals consisting principally of vegetables, Foods prepared from fish, Meals containing vegetables, deep-frozen, prepared meals consisting principally of seafood, Coffee, tea and cocoa and substitutes therefor, Ice, ice creams, frozen yogurts and sorbets, Salt, spices, seasonings and condiments, Vinegar, Processed grains, starches, and goods made thereof, baking preparations and yeasts, Sugar, natural sweeteners, sweet glazes and fillings, bee products, Biscuits, Crispbread snacks, Cereal bars and energy bars, Sugar confectionery, chocolate bars and chewing gum, Pastries, cakes, tarts and biscuits, Chocolate, Bread loaves, farinaceous food pastes, Live animals, Organisms for breeding purposes, Agricultural and aquaculture crops, Forestry and horticultural products, Bait, not artificial, Litter peat, Forage, Fresh fruits, walnuts, Vegetables and Grasses, Live plants and flowers, Malt, Beers and brewery goods, beverages (preparations for making -), Non-alcoholic beverages, Alcoholic beverages (except beers), Preparations used to make alcoholic drinks, Cider, Alcoholic preparations for making beverages, Articles for use with tobacco, Matches, Tobacco and tobacco products (including substitutes), Personal vaporizers and electronic cigarettes, and flavourings and solutions thereof.
The mark was filed in class 39 with following description of goods:
Packaging and storage of goods
Distribution by pipeline and cable
Vehicle parking and storage
Transport information, advice and reservation services
Rental services related to transportation and storage
Transport
Parking and vehicle storage, mooring.
The mark was filed in class 42 with following description of goods:
Creating of computer programs
Consultancy relating to the design and development of computer programs
Industrial analysis and research services
Testing, authentication and quality control
Science and technology services
IT services
Design of computer databases
Computer system analysis
Computer system design
Technical consultancy relating to the application and use of computer software
Conversion of computer programs and data, other than physical conversion