The trademark REVOLUTION NEW FOOD was filed by GAETANO RIZZO, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on August 12, 2021, and received one opposition filed on October 10, 2021 by CHEF WORKS BRANDING LTD on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Lacaze-Masmonteil, Anne Yves and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 10, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Relative errors of the trademark registration was recorded on September 27, 2023.
The Opposition with reference B 003156403 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 30, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements for animals
Food for diabetics
Infant formula
Infant formula
Dietary and nutritional supplements
Anti-oxidant food supplements
Food for babies
Mineral food supplements
Medicated food supplements
Food supplements in liquid form
Dietetic foods adapted for invalids
Mineral food supplements
Dietary supplements for humans
Glucose dietary supplements
Food for medically restricted diets
Dietetic foods for use in clinical nutrition
Dietetic foods adapted for medical purposes
Infant formula
Dietary supplements consisting of vitamins
Dietary fibre
Dietary supplements and dietetic preparations
Preparations for use as additives to food for human consumption [medicated]
Dietary and nutritional supplements
Dietetic food adapted for veterinary use
Dietetic foods adapted for infants
Dietetic food preparations adapted for medical use
Dietary food supplements used for modified fasting
Dietetic food preparations adapted for medical use
Health food supplements for persons with special dietary requirements
Sanitary preparations for medical purposes
Sanitary preparations for medical purposes
Pharmaceuticals
Mineral food preparations for medical purposes
Veterinary preparations and substances
Chemical preparations for veterinary purposes
Enzyme preparations for veterinary purposes.
The mark was filed in class 25 with following description of goods:
Clothing, other than workwear
Footwear, other than work footwear
Headgear, other than work headgear
Underwear and nightwear
Parts of clothing other than parts of workwear, parts of footwear other than parts of work footwear, parts of headgear other than parts of work headgear.
The mark was filed in class 29 with following description of goods:
Meat extracts
Eggs
Jellies, jams, compotes, fruit and vegetable spreads
Milk
Cheese
Butter
Yoghurt
Beverages having a milk base
Coconut milk [beverage]
Oat-based beverages [milk substitute]
Lactic acid drinks
Milk-based beverages flavored with chocolate
Milk-based beverages containing fruit juice
Dairy-based beverages containing oats
Coconut milk-based beverages
Almond milk-based beverages
Peanut milk-based beverages
Milk beverages, milk predominating
Drinks made from dairy products
Soya-based beverages used as milk substitutes
Drinks based on yogurt
Flavoured milk beverages
Cocoa flavored milk beverages
Milk beverages, milk predominating
Milk beverages with cocoa
Milk drinks containing fruits
Milk beverages, milk predominating
Yogurt drinks
Dairy puddings
Vegetable-based cream
Double cream
Buttercream
Smetana [sour cream]
Low fat dairy spreads
Dairy spreads
Desserts made from milk products
Yoghurt desserts
Chilled dairy desserts
Dairy puddings
Artificial milk based desserts
Milk ferments for culinary purposes
Cheese
Milk shakes
Ghee
Kephir [milk beverage]
Koumiss [milk beverage]
Koumiss [milk beverage]
Curd
Albumin milk
Albumin milk
Milk products
Margarine
Blended butter
Whipped cream
Whipping cream
Smetana [sour cream]
Cream [dairy products]
Milk products
Dips
Milk substitutes
Flavoured yoghurts
Drinking yogurts
Processed fruits, fungi, vegetables, nuts and pulses
Mushrooms, preserved
Tangerines [preserved]
Tomato preserves
Peas, preserved
Truffles, preserved
Vegetables, preserved
Artichokes, preserved
Preserved peppers
Berries, preserved
Soya beans, preserved, for food
Salted meats
Soya beans, preserved, for food
Fermented bamboo shoots boiled and preserved in salt (menma)
Frozen spinach
Vegetables, processed
Frozen vegetables
Pre-cut vegetables
Bottled vegetables
Preserved vegetables
Vegetable powders
Vegetable chips
Preserved vegetables (in oil)
Snack foods based on vegetables
Legume-based spreads
Frozen prepared meals consisting principally of vegetables
Fruit marmalade
Preserved nuts
Bottled fruits
Processed nuts
Ground nuts
Meat
Fish, not live
Processed fish
Fish, not live
Fresh meat
Poultry
Fresh poultry
Poultry, not live
Poultry meatballs
Prepared meals made from poultry [poultry predominating]
Sliced meat
Meat and meat products
Game, not live
Game, not live
Prepared meals consisting principally of game
Pre-packaged dinners consisting primarily of game
Ready cooked meals consisting wholly or substantially wholly of game
Edible oils and fats
Oils for food
Edible oils and fats.
The mark was filed in class 30 with following description of goods:
Chocolate
Yeast
Yeast and leavening agents
Yeast powder
Sugar, honey, treacle
Ice, ice creams, frozen yogurts and sorbets
Sorbets [water ices]
Sorbet mixes [ices]
Vinegar
Flavoured vinegar
Balsamic vinegar
Fruit vinegar
Dips
Condiments
Coffee, teas and cocoa and substitutes therefor
Bread
Savory pastries
Petits fours [cakes]
Macaroons [pastry]
Macaroons [pastry]
Frozen pastries
Fresh pasties
Long-life pastry
Tablet (confectionary)
Confectionery chips for baking
Pastry mixes
Chocolate pastes
Prepared desserts [pastries]
Pastry dough
Aromatic preparations for pastries
Prepared pie crust mixes
Orange based pastry
Preparations for making bakery products
Fruit filled pastry products
Fruit filled pastry products
Cocoa-based ingredients for confectionery products
Confectionery
Flour
Vegetable flour
Farina [meal]
Enriched farina [meal]
Cereal preparations
Preparations made from cereals
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Coffee substitutes [artificial coffee or vegetable preparations for use as coffee]
Tapioca
Rice tapioca
Tapioca flour
Tapioca flour
Tapioca flour
Sago
Ice [frozen water]
Ice cubes
Ice cubes
Cooling ice
Edible ices
Ice, natural or artificial
Salt
Spiced salt
Spices
Processed herbs
Seaweed [condiment]
Dried herbs
Preserved herbs
Herbal infusions
Marinades containing herbs
Herb sauces
Dried herbs for culinary purposes
Herbal preparations for making beverages
Herbal honey lozenges [confectionery]
Herbal flavourings for making beverages
Rice
Pasta
Deep frozen pasta
Dried pasta
Sour dough
Fresh pasta
Puff pastry
Pizza dough
Cookie dough
Pasta sauce
Pasta sauce
Pasta salad
Bread doughs
Instant noodles
Pasta containing eggs
Miso bean paste
Sesame paste
Quinoa pasta
Chickpea pasta
Rice pasta
Cake batter
Pastry dough
Lentil pasta
Jujube, medicated
Preserved ginger as a condiment
Pickled ginger [condiment]
Soya bean paste [condiment]
Dried and fresh pastas, noodles and dumplings
Stir-fried noodles with vegetables (Japchae)
Ramen [Japanese noodle-based dish].
The mark was filed in class 32 with following description of goods:
Beer and brewery products
Beer
Craft beers
Flavored beers
Beers enriched with minerals
Fruit drinks
Fruit squashes
Frozen fruit-based beverages
Smoothies
Fruit-based beverages
Iced fruit beverages
Fruit flavored soft drinks
Non-alcoholic fruit extracts used in the preparation of beverages
Smoothies
Smoothies
Non-alcoholic sparkling fruit juice drinks
Powders used in the preparation of fruit-based beverages
Beverages consisting of a blend of fruit and vegetable juices
Juices
Fruit juice concentrates
Fruit juice beverages
Fruit juice beverages
Fruit juice beverages
Mineral water [beverages]
Mineral and aerated waters
Syrups for making flavoured mineral waters
Non-alcoholic drinks enriched with vitamins and mineral salts
Essences for making flavoured mineral water [not in the nature of essential oils]
Syrups for beverages
Syrups for beverages
Syrups for making soft drinks
Syrups and other non-alcoholic preparations for making beverages