The trademark COSTARELLE was filed by PODERE COSTARELLE SOCIETA' SEMPLICE AGRICOLA, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 8, 2021, and received one opposition filed on December 6, 2021 by Costa Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by WITHERS & ROGERS LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 6, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with following description of goods:
Olive oil for food
Oils for food
Meat
Fruit, preserved
Frozen fruits
Fruit, stewed
Dried fruit
Vegetables, cooked
Vegetables, dried
Prepared vegetable products
Vegetables, processed
Jellies, jams, compotes, fruit and vegetable spreads
Eggs
Olives, preserved
Olive paste
Olive puree.
The mark was filed in class 30 with following description of goods:
Honey
Flour
Pasta
Garden herbs, preserved [seasonings]
Minced garlic[condiment]
Vinegar.
The mark was filed in class 33 with following description of goods:
Wine
Spirits [beverages]
Liqueurs
Bitters
Aperitifs
Piquette
Alcoholic preparations for making beverages
Brandy.
The mark was filed in class 35 with following description of goods:
Presentation of goods on communication media, for retail purposes
Retail and/or wholesale services, in relation to the following goods: Olive oil for food, Oils for food, Charcuterie, Preserved fruits, Frozen fruits, Stewed fruits, Dried fruits, Cooked vegetables, Dried vegetables, Prepared vegetable products, Processed vegetables, Jellies, jams, compotes, fruit and vegetable spreads, Eggs, Preserved Olives, Olive paste, Olive puree Honey, Flour, Pasta, Garden herbs, preserved [seasonings], Minced garlic [condiment], Vinegar
On-line retail and wholesale store services in relation the following goods: Olive oil for food, Oil for food, Charcuterie, Preserved fruits, Frozen fruits, Cooked fruits, Dried fruits, Cooked vegetables, Dried vegetables, Ready-to-eat vegetable products, Processed vegetables, Jellies, jams, fruit sauces, Fruit and vegetable spreads, Olives, preserved, Olive pastes, Olive pate
Retail and/or wholesale services, On-line retail and wholesale store services in relation the following goods: Honey, Pasta, Garden herbs, preserved (seasonings), Chopped garlic (condiments), Vinegar
Retail and/or wholesale services, On-line retail and wholesale store services in relation the following goods: Wine, Distilled spirits, liquors, Bitters, Aperitifs, Piquette, Alcoholic preparations for making beverages, Brandies.
The mark was filed in class 43 with following description of goods:
Providing temporary housing accommodations
Temporary accommodation reservations
Providing temporary accommodation in holiday homes
Providing information about temporary accommodation via the Internet.