The trademark OCEANO FRESCO was filed by OCEANO FRESCO, S.A., a corporation established under the laws of the Portuguese Republic (the "Applicant"). The application was published for oppositions on November 2, 2021, and received one opposition filed on February 1, 2022 by KONZUM plus društvo s ograničenom odgovornošću za trgovinu on Likelihood of confusion. the opponent was represented by Vukina, Sanja and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 1, 2022
The application was filed in Portuguese, and Portuguese was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on February 7, 2023.
The Appeal with reference B R1117/2023-5 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on March 11, 2024 by the EUIPO. The Opposition with reference B 003163141 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 28, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 1 with Substances for use in aquaculture [other than pharmaceutical] and Nitrobacteria for use in aquaculture..
The mark was filed in class 21 with Aquaria and vivaria.
The mark was filed in class 29 with following description of goods:
Fish-based foodstuffs
Preservation of fish and aquacultural products in olive oil and other vegetable oils and other sauces
Processed fish products for human consumption
Fish, seafood and molluscs spreads
Chilled foods consisting predominately of fish
Fish-based foodstuffs
Clams, not live
Anchovy, not live
Frozen appetizers consisting primarily of seafood
Herrings, not live
Tuna fish [preserved]
Tuna in oil
Tuna, not live
Cods [not live]
Ark-shells [not live]
Fish maw
Blocks of boiled, smoked and then dried bonitos (katsuo-bushi)
Fish crackers
Fish balls
Sliced sea whelks
Coconut shrimp
Shrimp floss
Prawns, not live
Agar-agar for culinary purposes
Shrimps, not live
Capelin, not live
Escargots
Crab
Crabs [not live]
Soy sauce marinated crab (Ganjang-gejang)
Snow crabs, not live
Dried clam meat
Dried whelk meat
Crab meat
Dried razor clam meat
Dried fish meat
Carp [not live]
Silver carps, not live
Pickled dried Spanish mackerel
Caviar
Salmon caviar
Black caviar
Cuttlefish, not live
Yellow croakers, not live
Seafood preserves
Fish croquettes
Salmon croquettes
Crustaceans, not live
Eels, not live
Swordfish, not live
Seafood extracts
Fish extracts
Fish meal for human consumption
Anchovy fillets
Kipper fillets
Fish fillets
Fish with chips
Grilled fish fillets
Flakes of dried fish meat (kezuri-bushi)
Sheets of dried laver (hoshi-nori)
Shelled prawns
Dried prawns
Fish jellies
Sea breams [red snappers, not live]
Sea bream, not live
Sea-cucumbers, not live
Krill, not live
Shrimp meat floss
Fish meat floss
Spiny lobsters
Spiny lobsters, not live
Crayfish, not live
Lobsters, not live
Dried sea hares
Sole fish, not live
Squid [prepared]
Dried squid
Shellfish, not live
Frozen seafood
Cooked seafood
Seafoods boiled down in soy sauce (tsukudani)
Tinned seafood
Shellfish, not live
Processed seafood
Dried seafood
Salted and fermented seafood (jeotgal)
Salted jellyfish
Blue mussels [not live]
Mussels, not live
Molluscs, not live
Fish mousses
Oysters [not live, for human consumption]
Oysters, not live
Sea urchins [not live]
Dried herring roe
Crab roe for human consumption
Crab roe, prepared
Salt-fermented sea urchin roe
Fish eggs for human consumption
Fish roe, prepared
Sea salmon roe for food
Sea trout roe for food
Snail eggs for consumption
Fish sticks
Shrimp paste
Crab roe paste
Seafood paste
Fish paste
Crab cakes
Fish cakes
Anchovy paste
Snakehead fish, not live
Frozen fish
Cooked fish
Boiled and dried fish
Frozen cooked fish
Fish floss
Fish in olive oil
Fish, preserved
Pickled fish
Salted fish
Bottled fish
Fish, tinned
Smoked fish
Processed fish
Dried fish
Fish, not live
Sweetfish [not live]
Perches, not live
Crucian carps, not live
Octopuses [not live]
Steaks of fish
Seafood products
Fish products being frozen
Bottled fish products
Chilled meals made from fish
Sea basses [not live]
Mullet roe salad
Smoked salmon
Salmon, not live
Fish sausages
Spanish mackerel, not live
Sardines, not live
Dried scallops
Edible urechis unicinctus, not live
Trouts, not live
Squid ink
Soft-shelled turtles [not live]
Artificial fish roes
Imitation crab meat
Flounders, not live
Common plaice, not live
Frozen meals consisting primarily of fish
Cooked meals consisting principally of fish
Prepared meals consisting primarily of fish
Prepared meals consisting substantially of seafood
Pre-packaged dinners consisting primarily of seafood.
The mark was filed in class 31 with following description of goods:
Raw and unprocessed aquacultural products
Live fish for food purposes
Molluscs, live
Foodstuffs for fish.
The mark was filed in class 35 with Retailing and wholesaling, in relation to the following goods: Foodstuffs of sea origin (seafood), including in particular, Foods made from fish, Bivalve molluscs, crustaceans, Algae and plants and Retailing and wholesaling, in relation to the following goods: Bivalve eggs, adult bivalve molluscs..
The mark was filed in class 39 with Packing of food and Storage of frozen food in warehouses..
The mark was filed in class 40 with following description of goods:
Preparation of fish and aquacultural products
Freezing of fish and aquacultural products
Freezing of foods
Preservation of food
Preservation of food
Fish processing.
The mark was filed in class 42 with following description of goods:
Research of fisheries
Genetic mapping for scientific purposes
Information on the subject of scientific research in the field of biochemistry and biotechnology
Bacteriological research
Bacteriological consultation and research
Biological research
Biochemistry consultancy
Biology consultancy
Scientific research relating to biology
Scientific research relating to bacteriology
Bacteriological research and testing
Scientific research relating to genetics
Scientific research relating to genetics of plants
Consultancy relating to biotechnology
Research relating to animal husbandry
Conducting of scientific studies
Preparation of biological samples for research purposes
Preparation of biological samples for testing and analysis in research laboratories
Seed testing services
Research, Relating to the following fields: Production of eggs (of molluscs)
Research and development in the field of microorganisms and cells
Biomedical research services
Environmental monitoring services
Microbiological testing.
The mark was filed in class 44 with following description of goods:
Aquaculture services
Technical consultation in the fields of feeding and raising fish, shrimp and other farm-raised marine life
Counselling and Consultancy, in relation to the following fields: Sustainable aquaculture
Genetic testing of animals for diagnostic or treatment purposes
Genetic testing of laboratory animals for research purposes
Genetic testing for medical purposes
Advice and consultancy on the creation, processing and marketing of sustainable seafood products.