The trademark La Borra del Café was filed by EQI, INC, a U.S. corporation (the "Applicant"). The application was published for oppositions on October 26, 2021, and received one opposition filed on November 30, 2021 by INDUSTRIAL COMERCIAL CABALLA, S.A. on Likelihood of confusion. the opponent was represented by JACOBACCI & PARTNERS, S.L.U.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003159397 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 27, 2023 by the EUIPO. The Appeal with reference B R1820/2023-4 was Other according to Article 8(1)(b) EUTMR with decision issued on January 26, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 30 with following description of goods:
Coffee
Ground and whole bean coffee
Coffee-based beverages
Coffee-based beverage mix
Espresso-based beverage mix
Frozen confections, namely, ice cream, ice milk, frozen yogurt, frozen confections with tea, herbal tea and/or fruit flavoring
Flavourings, other than essential oils, for beverages
Processed cereal-derived food product to be used as a breakfast cereal
Oatmeal
Cereal-based snack food
Crackers
Popcorn
Sugar
Honey
Agave syrup
Sauces, namely condiments to be added to beverages
Dressings for salad.
The mark was filed in class 35 with following description of goods:
Distribution wholesale, Retailing and Sale via global communication networks, in relation the following goods: Food and beverages
Business administration
Business management assistance
Franchising, namely providing commercial assistance in the establishment and/or operation of restaurants, cafes, coffee houses, tea houses, and snack bars
Retail store services in the field of coffee, tea, food, beverages, coffee and espresso makers, tea makers, tableware, kitchenware, books, musical recordings, wallets, travelling bags, shopping bags, handbags, jewelry, clothing and hats, toys, including stuffed toys
Wholesale distribution (excluding the transport thereof) of food, beverage, household utensils, household containers, household textiles, household furniture, and kitchenware
On-line retail store services in relation to food, beverage, household utensils, household containers, household textiles, household furniture, and kitchenware
Administration of incentive award program through the issuance and processing of discounts in the nature of loyalty points for purchase of a company's goods or services
Business support and assistance in the operation of franchises.
The mark was filed in class 43 with following description of goods:
Restaurant, cafe, cafeteria, snack bar, coffee bar, tea bar, tea house, and carry out restaurant services
Bartending services
Food and drink catering
Services for the preparation of food and drink
Providing of beverages under contract
Restaurant services featuring a customer loyalty program that provides restaurant benefits to reward repeat customers