The trademark DEAVOCADO was filed by PECTEN GROUP S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on January 11, 2022, and received one opposition filed on April 10, 2022 by Ocado Innovation Limited on Likelihood of confusion. the opponent was represented by Fitzsimons, Michael and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 10, 2022
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 5 with following description of goods:
Dietary supplements and dietetic preparations
Food supplements containing avocado
Food supplements containing fermented avocado
Dietetic foods adapted for medical purposes
Folic acid dietary supplements
Herbal supplements
Dietary supplements with a cosmetic effect
Dietary and nutritional supplements
Anti-oxidant supplements
Zinc dietary supplements
Nutraceuticals for therapeutic purposes
Neutraceutical preparations for humans
Fertility enhancement preparations.
The mark was filed in class 18 with following description of goods:
The mark was filed in class 21 with following description of goods:
Cosmetic utensils
Deodorizing apparatus for personal use
Cases adapted for cosmetic utensils
Cases adapted for toilet utensils
Isothermic bags
Sports bottles sold empty
Bottles
Shaker bottles sold empty
Bottles for pharmaceuticals sold empty
Supplement bottles, sold empty
Cocktail shakers.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear
Clothing for gymnastics
Bandanas [neckerchiefs]
Caps [headwear]
Berets
Blouses
Training shoes
Stockings
Socks
Breeches for wear
Short-sleeve shirts
Shirts
Hats
Caps
Belts [clothing]
Money belts [clothing]
Uniforms
Pocket squares
Jackets [clothing]
Skirts
Aprons [clothing]
Gloves [clothing]
Jerseys [clothing]
Jerseys [clothing]
Hosiery
Sweaters
Sleep masks
Trousers
Sandals
Tee-shirts
Uniforms
Visors [headwear].
The mark was filed in class 35 with following description of goods:
Wholesale services, Retail services, Online sale in relation to the following goods: Dietary supplements for fertility enhancement, Dietary supplements and dietetic preparations, Nutraceutical preparations
Wholesale services in relation to: Clothing, Footwear, Headgear and accessories therefor, Panniers, Briefcases, Briefcases, wallets, change purses, Back packs, sacks, key wallets, Key rings, Trunks, Suitcases, umbrellas, Parasols
Retail services, Online sale in relation to the following goods: Briefcases, Back packs, sacks, Trunks, Travelling bags
Wholesale services in relation to the following goods: sport bottles sold empty, Bottles, Shakers, sold empty, Bottles for pharmaceuticals sold empty, Supplement bottles, sold empty, Cocktail shakers
Retail services, Online sale in relation to the following goods: Bottles for pharmaceuticals sold empty, Supplement bottles, sold empty.
The mark was filed in class 41 with following description of goods:
Education and instruction
Instructional and training services
Organisation of seminars relating to training
Arranging seminars, events and conventions in the fields of cosmetics and beauty preparations, food supplements and dietary preparations, phytotherapeutic and nutraceutical preparations, in the pharmaceutical and medical fields
Provision of online training
All the aforesaid services in relation to the followings fields: fertility and Feminine wellbeing, Cosmetics and Beauty products, Food supplement preparations and Dietary products, Phytopharmaceutical preparations and Neutraceuticals, In the pharmaceutical and medical sector.