The trademark PITAYA was filed by PITAYA Développement, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 21, 2021, and received one opposition filed on December 14, 2021 by EL CIRUELO, S.L. on Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 14, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on March 11, 2024.
Goods And Services
The mark was filed in class 16 with following description of goods:
Printed matter, Posters, Journals, Books, newspapers, prospectuses, Menu cards, Bunting of paper and Paper garlands, Calendars (stationery), Photograph stands, towels and tablecloths made of paper, Tablemats of paper, Table linen of paper
Flags of paper
LUNCHEON MATS OF PAPER, Plastic materials for packaging
Paper bags
Plastic bags
Coasters of paper
Printed promotional material Promotional publications in particular Gift coupons, Posters, Flyers in particular Restaurant advertising newsletters, Coupons and Coupon books
Stickers [stationery]
Display banners made of cardboard or Display banners of paper
Note pads
Packaging boxes of paper, fibreboard, card, cardboard or paperboard and Sachets for packaging made of paper or Of cardboard
Calendars
Paper loyalty cards, Visiting cards
Pencils, fountain pens
Drink coasters made of paper or card
Packaging made of cardboard and paper
Table linen of paper, paper table cloths
Visitors books.
The mark was filed in class 21 with following description of goods:
Tableware (other than cutlery) not of precious metals, Glassware, Menu card holders, Tumblers Of paper or Of plastic materials, Boxes for dispensing paper towels
Coasters, other than of paper or of fabric
Mugs (cups)
Dishes and serving containers
Salt and pepper shakers
Finger bowls
Dinner mats of plastics material, Place mats, not of paper or textile.
The mark was filed in class 25 with Clothing, footwear, headgear and Clothing, namely t-shirts, Sweaters, Polo shirts, jean shirts, cotton long-sleeve shirts, Jackets, blazers, Turtlenecks, Sweaters, Headgear, hats, caps, Neckties, Shoes, Pinafores, Scarves, Trousers, Uniforms For commercial use..
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked vegetables
Eggs
Milk and milk products
Edible oils and fats
Edible fats
Non-living molluscs and crustaceans
Sausages
Vegetable salads
Candied onions
Meat, fish, poultry, game and vegetable preserves
Soya beans, preserved, for food
Soups, broths, consommés
Preparations for making bouillon
Vegetable juices for cooking
Butter
Margarine
Coconut cream
Almond cream
Smetana [sour cream]
Lemon curd
Yoghurts
Cheese and other milk products
Meat products and charcuterie
Food preparations, namely fillings and toppings based on meat, poultry, game, fish, seafood and vegetables
Ham, Black pudding (blood sausage)
Pickles
Gherkins
Gelatine for food
Cooked meals and dishes based on fish, seafood, meat and poultry
Cooked dishes based on meat, fish, fruits and vegetables.
The mark was filed in class 30 with following description of goods:
Rice
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Sugar
Honey
Treacle
Yeast
Baking powder
Mustard
Vinegar
Sauces [condiments]
Spices
Chocolate
Natural sweeteners
Glucose for food
Pasta
Rice noodles
Semolina
Potato and corn flour for food
Dried cereals
Cakes
Edible ices
Pancakes
Waffles
Confectionery
Biscuits
Rusks
Custard
Flavorings, other than essential oils
Aromatic preparations for food
Dressings for salad
Tomato ketchup
Mayonnaise
Barbecue sauce
Molasses for food
Spice rubs
Hot-dog
Sandwiches
Bagels
Prepared ham and cheese sandwich (Croque monsieur)
Toasted sandwiches served with a fried egg
Panini
Pizzas
Pastry dough
Bread dough
Cake batter
Biscuit dough
Viennese pastries
Viennoiserie
Croissants
Pains au chocolat
Raisin buns
Bread for sandwiches
Buns
Apple turnovers
Doughnuts
Angel wings
Petits fours [cakes]
Pie pastry
Puff pastry
Pizza dough
Couscous [semolina]
Sweet and savoury pastries
Meat pies
Edible decorations for cakes
Flavourings, other than essential oils, for cakes
Tarts
Quiches
Pies
Puff pastry
Pot pies
Dessert mousses [confectionery]
Flans
Cake frosting [icing]
Flour and preparations made from rice, corn
Almond paste, glutamate (flavour enhancer for food)
Sweetmeats [candy]
Condiments
Thickening agents for cooking foodstuffs
Farinaceous foods
Peppers (seasonings)
Soya sauce
Sweet and sour sauce
Gravies
Food preparations, stuffings and garnishes based on rice and noodles
Ready cooked meals made form rice and Ready cooked meals containing noodles
Rice based dishes
Pasta meals.
The mark was filed in class 31 with following description of goods:
Unprocessed algae for human consumption
Almonds [fruits]
Oats
Beet, fresh
Fresh cabbage
Crustaceans, live
Rice meal for forage
Ginger, fresh
Fresh bean sprouts
Grains [cereals]
Fresh aromatic herbs
Nuts, unprocessed
Plants
Quinoa, unprocessed
Edible sesame, unprocessed
Fresh Japanese edible horseradishes (wasabi).
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Dissemination of business and/or advertising information by radio, television or electronic means, or via global communications networks (the Internet) or private-access communications networks (intranets)
Advertising using displays, publicity columns preparation, demonstration of goods
Direct mail advertising
Document reproduction
Updating of advertising material
Organisation of trade fairs and exhibitions for commercial or advertising purposes
Publicity material rental, rental of advertising space and advertising boards
Promotion services
Marketing
Exhibition sites management
Public relations services
Arranging newspaper subscriptions for others
Book-keeping
Computerized file management
Online advertising on a computer network
Rental of advertising time on communication media
Publication of advertising literature
Dissemination of advertising matter
Assistance in organising and operating a business activity
Professional business consultancy
Business management and organization consultancy
Advertising promotions
Drafting of media plans for advertising purposes, demonstration of goods
Market studies and market research
Business information, business inquiries
Statistical compilations and studies
Compilation of information
Collection of business or advertising data in a master file
Operating a commercial or advertising database
Collection, capture, compilation and processing of data
Providing of an administrative data bank
Running of a web portal, namely providing of advertising and commercial information
Subscription to a world-wide (Internet) telecommunications or private access (intranet) network
Subscription to a computer database or multimedia server
Subscriptions to electronic journals
Arranging subscriptions to telecommunications services for others
Efficiency experts
Providing of advertising and business information online on blogs, social networks and community networks
Opinion polling
Arranging of subscriptions for others to printed matter and to all kinds of information media, texts, sounds and/or images and electronic, non-electronic or digital publications, audio-visual goods or multimedia goods
Retail services, in relation the following goods: Printings, Posters, Magazines, Books, newsletters, magazines, pamphlets, and brochures, greeting cards, Prospectuses, Newspapers, Menu cards, Pennants of paper, paper garlands, Calendars, Stationery, Photograph stands, paper napkins and tablecloths, dinner mats of paper, table linen of paper, flags made from paper, Place mats of paper, Plastic materials for packaging, paper sacks, plastic bags, Coasters of paper, Promotional printed material (promotional publications), anmely Gift coupons, Posters, Printed informational flyers anmely Restaurant advertising newsletters, coupons and coupon books, Stickers, Display banners made of paper and cardboard, note pads, Packing boxes made of paper or cardboard and Bags Cardboard or of paper, Paper loyalty cards, Business cards, Pencils, fountain pens, drinks coasters Cardboard or of paper, packing Cardboard or of paper, paper tablecloths, guest books
Retail services, in relation the following goods: Tableware not of precious metal, Glassware, Menu card holders, Goblets of paper or Of plastic, boxes for dispensing paper serviettes, drinks coasters and coasters Not of paper or of fabric, Mugs, Cups, Dishes and serving containers, salt and pepper shakers, finger bowls, dinner mats of plastics material, Place mats, not of paper or textile (sets)
Retailing of meat, fish, poultry and game, meat extracts, preserved, frozen, dried and cooked vegetables, eggs, milk and milk products, edible oils and fats, edible fats, crustaceans and mussels (not live), sausages, vegetable salads, onion confit, tinned meat, fish, poultry, game and vegetables, preserved soya beans for food, soups, bouillon
Retailing of preparations for making bouillon, vegetable juices for cooking, butter, margarine, cream, yoghurts, cheese and other milk products, charcuterie and salted meats
Retailing of food preparations, namely fillings and toppings based on meat, poultry, game, fish, seafood and vegetables, ham, black pudding, pickles, gherkins, gelatine for food, cooked meals and dishes based on fish or seafood
Retailing of cooked meals and dishes based on meat, cooked meals and dishes based on poultry, rice, tapioca and sago, flour and preparations made from cereals, bread, pastries and confectionery, sugar, honey, treacle, yeast, baking-powder
Retail services, in relation the following goods: Mustard, Vinegar, Sauces (condiment), Spices, Chocolate, Natural sweeteners, glucose for food, Pasta, Rice noodles, Semolina, Flour (potato flour, corn flour) for food use
Retailing of chips (cereal products), cakes, edible ices, pancakes, waffles, sugar confectionery, biscuits, rusks, custard, flavourings, other than essential oils, aromatic preparations for food
Retailing of dressings for salad, ketchup, mayonnaise, barbecue sauce, molasses, seasonings, hotdogs, sandwiches, bagels, croque-monsieur sandwiches, croque-madame sandwiches, panini, pizzas
Retailing of tart pastry, bread dough, cake batter, cookie dough, pastry for Viennese pastries, Viennese pastries, croissants, pains au chocolat, pains aux raisins, sandwich bread, buns, apple pastries, fritters, angel wings, petits fours (cakes), tart pastry, pie pastry, flaky pastry, pizza dough
Retailing of couscous (semolina), sweet and savoury pastries, meat pies, edible decorations for cakes, flavourings for cakes (other than essential oils), tarts, quiches, pies, flaky pastries, dessert mousses (confectionery), flans, cake frosting (icing), flour and preparations made from rice, corn, almond paste, glutamate (flavour enhancer for food), sweets, condiments
Retailing of thickening agents for cooking foodstuffs, dishes based on flour, pepper (seasoning), soya sauce, sweet and sour sauces, meat gravies, food preparations, fillings and toppings based on the aforesaid goods, cooked dishes based on the aforesaid goods, dishes based on rice, dishes based on noodles
Retail services, in relation the following goods: Articles of clothing Articles of clothing, Footwear, T-shirts, Pullovers, Polo-shirts, jean shirts, shirts long sleeved Of cotton, Jackets, blazers, turtlenecks, sweaters, headpieces, bandannas, Headbands, Peaked caps, Neckties, Bracelets, Key fobs, Key rings (trinkets or fobs), charms, Diaries, Pencil- and pen-cases, Handbags, fabric bags, Backpacks, food bags, Purses, sling bags, Aprons (clothing), Scarfs, Trousers, uniforms For business purposes
Retail services, in relation the following goods: Hand fans, kitchenware, Lighters for smokers, Matches, Ashtrays, figurines Of papier mâché, Of porcelain, Of terra cotta or Of glass
Retail services, in relation the following goods: Unprocessed seaweed for human consumption, Almonds [fruits], fresh pineapples, Fresh acai berries, Oats, Fresh berries, Fresh bananas, Fresh beet, Fresh cabbage, Fruit compositions, Shellfish, live, Rice meal for forage, Fresh fruits and vegetables, Fresh ginger, Fresh bean sprouts, Cereal grains, Fresh garden herbs, Unprocessed nuts, Fresh mangos, Coconuts, Plants, Unprocessed quinoa, Edible sesame, unprocessed, Fresh wasabi [Japanese edible horseradish]
Management of business or advertising databases
Provisioning services for others (purchase of food products for other companies)
Services provided by a franchiser, namely business management assistance, anmely Business operation or management assistance within a network of shops and restaurants
Professional or business consultancy regarding the establishment of franchises
Business consultancy regarding the development of franchise operations
Providing of business know-how
Business management consultations
Communication development (public relations) and interactive marketing
Client canvassing, in particular via direct mail advertising, the press or telephone
Window dressing
Customer satisfaction surveys
Administrative management of stock
Business marketing [other than selling] via animations
Arranging and setting up of promotional activities
Sales promotion by means of a customer loyalty service via loyalty cards, discount cards
Administrative organisation of transport, delivery, distribution, sorting, dispatch and warehousing of goods and parcels
Providing of statistical business information
Import-export agencies
Providing (retailing) of meals and cooked ready meals
Presentation of goods on communication media, for retail purposes.
The mark was filed in class 41 with following description of goods:
Teaching
Education and providing of training
Individual coaching (education and providing of training)
Cultural and entertainment activities
Sporting activities
Arranging and conducting of training workshops
Practical training [demonstration]
Animation of games and competitions on the internet
Education services relating to cooking
Publishing of educational matter
Issue of publications, Electronic publishing services, Publication of magazines and Editing of written texts
Providing of recreational and leisure facilities
Organisation and animation of educational, sporting, cultural and entertainment events.
The mark was filed in class 43 with following description of goods:
Restaurant services
Lounge bars
Brasseries
Information and advice in relation to the preparation of meals
Providing of meals for immediate consumption
Rental of food service equipment
Rental of function rooms
Providing of information relating to recipes and cooking via the internet
Self-service restaurants
Bar services
Tea rooms
Restaurant and catering services
Banquet services (catering)
Restaurants offering takeaway services and home delivery
Hotel services
Snack-bars
Canteens
Rental of table linen, tableware and stemware
Mobile food and drink provision services
Pre-reservation of restaurants and meals, Making reservations and bookings for restaurants and meals