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 August 15, 2021, and received one opposition filed on September 20, 2021 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 September 20, 2021
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 003155174 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 23, 2023 by the EUIPO.
Goods And Services
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
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 29 with following description of goods:
Meat and meat products
Prepared insects and larvae
Sausage skins and imitations thereof
Birds eggs and egg products
Fish, seafood and molluscs, not live
Dairy products and dairy substitutes
Soups and stocks, meat extracts
Ready cooked meals consisting wholly or substantially wholly of meat
Prepared meals consisting primarily of meat substitutes
Chilled foods consisting predominately of fish
Mixes for making soup
Vegetable-based entrees
Frozen 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
Aquacultural crops, forestry products
Bait, not artificial
Litter peat
Fodder
Malt.
The mark was filed in class 32 with Beer and brewery products and Non-alcoholic preparations for making beverages..
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 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 services in relation to toiletries
Retail services in relation to essential oils and aromatic extracts
Retail services in relation to cleaning and fragrancing preparations
Retail services in relation to perfumery and fragrances
Retail services in relation to body cleaning and beauty care preparations
Retail services in relation to oral hygiene preparations
Retail services in relation to hygienic preparations and articles
Retail services in relation to dietary supplements and dietetic preparations
Retail services in relation to sanitary preparations and articles
Retail services in relation to hand-operated hygienic and beauty implements for humans and animals
Retail services in relation to hair styling appliances
Retail services in relation to hair cutting and removal implements
Retail services in relation to manicure and pedicure tools
Retail services in relation to electric irons for styling hair
Retail services in relation to hair clippers
Retail services in relation to hand tools for use in beauty care
Retail services in relation to cutlery, kitchen knives, and cutting implements for kitchen use
Retail services in relation to agricultural, gardening and landscaping tools
Retail services in relation to household utensils for cleaning, brushes and brush-making materials
Retail services in relation to cooking pot sets
Retail services in relation to carving boards
Retail services in relation to cooking pots
Retail services in relation to tableware, cookware and containers
Retail services in relation to coffee grinders
Retail services in relation to utensils for household purposes
Retail services in relation to articles for the care of clothing and footwear
Retail services in relation to sporting articles and equipment
Retail services in relation to toys, games, and playthings
Retail services in relation to climbing units [playground equipment]
Retail services in relation to see-saws [playground apparatus]
Retail services in relation to climbing frames (play things)
Retail services in relation to bouncy castles
Retail services in relation to playhouses for children
Retail services in relation to playground apparatus for children
Retail services in relation to bassinets
Retail services in relation to decorations for Christmas trees
Retail services in relation to artificial Christmas trees
Retail services in relation to meat and meat products
Retail services in relation to birds eggs and egg products
Retail services in relation to fish, seafood and molluscs, not live
Retail services in relation to dairy products and dairy substitutes
Retail services in relation to coffee, teas and cocoa and substitutes therefor
Retail services in relation to ice, ice creams, frozen yogurts and sorbets
Retail services in relation to salts, seasonings, flavourings and condiments
Retail services in relation to vinegar
Retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Retail services in relation to biscuits
Retail services in relation to crispbread snacks
Retail services in relation to cereal bars and energy bars
Retail services in relation to sweets (candy), candy bars and chewing gum
Retail services in relation to pastries, cakes, tarts and biscuits (cookies)
Retail services in relation to chocolate
Retail services in relation to bread
Retail services in relation to pasta
Retail services in relation to live animals, organisms for breeding
Retail services in relation to litter peat
Retail services in relation to fodder
Retail services in relation to beer and brewery products
Retail services in relation to non-alcoholic preparations for making beverages
Retail services in relation to alcoholic beverages (except beer)
Retail services in relation to preparations for making alcoholic beverages
Retail services in relation to cider
Retail services in relation to alcoholic preparations for making beverages
Retail services in relation to articles for use with tobacco
Retail services in relation to matches
Retail services in relation to tobacco and tobacco products (including substitutes)
Retail services in relation to personal vaporisers and electronic cigarettes, and flavourings and solutions therefor.
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
Design and development of operating software for computer networks and servers
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