The trademark LIBATIO was filed by DOWSER S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on January 3, 2022, and received one opposition filed on March 30, 2022 by Liba Bröd AB on Likelihood of confusion. the opponent was represented by AERA A/S and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 30, 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 29 with following description of goods:
Processed fruits and vegetables
Preserved, dried and cooked almonds, hazelnuts, pistachios, walnuts, peanuts
Jellies
Marmalade
Fruit peel
Crystallized fruits
Fruit in syrup
Dried fruit
Milk
Whey
Milk products
Edible fats and oils
Olive oil
Cream (dairy products)
Butter
Margarines
Eggs
Processed tomatoes
Fresh and frozen meat
Frozen vegetables and fruits
Preserved vegetables
Cheese
Curd cheese
Mozzarella cheese
Fresh cheese
Smetana [sour cream]
Ripened cheeses
Ready grated cheese
Soft cheese
Hard cheese
Cheese spreads
Cured sausages
Salami
Ham
Prosciutto
Mortadella
Sausages
Fish, not live
Smoked fish
Frozen fish
Fish, preserved
Fishery products
Tuna fish
Anchovy, not live
Tomatoes
Frozen prepared meals consisting primarily of vegetables, meat and fish.
The mark was filed in class 30 with following description of goods:
Coffee
Mixtures of coffee
Decaffeinated coffee and coffee extracts
Artificial coffee
Artificial coffee
Coffee-based beverages
Tea
Barley and ginseng infusions/teas
Herb tea
Infusions
Fruit-based tea
Preparations and beverages based on teas, herbal teas, fruit teas, infusions or derived extracts
Vegetal preparations for use as coffee substitutes
Vegetable based coffee substitutes
Chocolate-based beverages
Drinks flavoured with chocolate
Roasted barley and malt for use as substitute for coffee
Infusions, not medicinal
Infusions, not medicinal
Herbal teas
Tea for infusions
Aromatic preparations for making non-medicated infusions
Snack bars containing a mixture of cereals, nuts and dried fruit
Cereal bars.
The mark was filed in class 33 with following description of goods:
Wine
Liqueurs
Alcholic beverages
Brandy
Fruit (alcoholic beverages containing -)
Distilled beverages.
The mark was filed in class 35 with following description of goods:
Marketing services and On-line sales services in relation the following goods: Fruit and Vegetables, Preserved, dried and cooked almonds, hazelnuts, pistachios, walnuts, peanuts
Marketing services and On-line sales services in relation the following goods: Jellies, Jams, Of fruit peel, Frosted fruits, fruit in syrup, Dried fruits, Milks, Whey, Milk products
Marketing services and On-line sales services in relation the following goods: Edible oild and fats, Olive oil, Cream, Butter, Margarines, Eggs, purees, Fresh and frozen meat, Frozen fruits and Frozen vegetables, frozen entrees
Marketing services and On-line sales services in relation the following goods: Prepared frozen meals based primarily on vegetables, meat and fish, preserved in oil and pickled, Cheese products, Curd cheese, mozzarella, Fresh cream cheese, Fresh cream cheese, Ripened cheeses
Marketing services and On-line sales services in relation the following goods: Grated cheese, Soft cheese, Hard cheese, Cheese-based spreads, Sausage products, Slicing sausage, Prosciutto, Prosciutto, Mortadella, Sausages
Marketing services and On-line sales services in relation the following goods: Fish, Smoked fish, Frozen fish, Fish, preserved, Fish goods, Tuna fish, Anchovies, Tomatoes
Marketing services and On-line sales services in relation the following goods: frozen entrees, Non-stick preparations, frozen finished products, frozen semi-finished products, chilled, frozen and grilled products
Marketing services and On-line sales services in relation the following goods: Coffee, Coffee mixtures, Decaffeinated coffee and Coffee extracts, Artificial coffee, Artificial coffee, coffee-based beverages
Marketing services and On-line sales services in relation the following goods: Barley and ginseng beverages, tea, herbal teas, Infusions, fruit-based tea, Preparations and beverages based on teas, herbal teas, fruit teas, infusions or derived extracts
Marketing services and On-line sales services in relation the following goods: Vegetal preparations for use as coffee substitutes, vegetable based coffee substitutes, Chocolate-based beverages, Chocolate-flavored drinks, Roasted barley and malt for use as substitute for coffee
Marketing services and On-line sales services in relation the following goods: Herbal infusions based on tea (non-medicated), non-medicinal infusions, Herbal infusions, Tea for infusions, Aromatic preparations for making non-medicated infusions
Marketing services and On-line sales services in relation the following goods: Honey, Flowers or leaves for use as tea substitutes, Coffee and Cappuccino coffee, Chocolate-based beverages with milk, Coffee based beverage containing milk
Marketing services and On-line sales services in relation the following goods: Cocoa, Cocoa-based products, Beverages based on cocoa and/or chocolate, chocolats, Pralines, candies, Chocolates, Sugar, Nib sugar for food, Chocolate
Marketing services and On-line sales services in relation the following goods: Chocolate and substitutes therefor, decorations and Dragées, Flavourings and essences, dips
Marketing services and On-line sales services in relation the following goods: Sugar, castor sugar, Preparations made from cereals
Marketing services and On-line sales services in relation the following goods: Lemon juice, Syrups, Essential oils, Tapioca, Preparations made from cereals
Marketing services and On-line sales services in relation the following goods: Almond paste, Nut creams, hazelnut paste, Pistachio paste, Sweet creams for foods, Edible coatings made from chocolate
Marketing services and On-line sales services in relation the following goods: Creams based on cocoa, Chocolate sauces, Creams based on fruit, Honey, ice- cream, Ice milk (ice cream), Ice-cream bars, Iced desserts, Ice-cream gâteaux, Ice cakes, ice cream cones, Ice cream stick bars, Ice candy
Marketing services and On-line sales services in relation the following goods: fruit ice cream, ice- cream and Ice, Ice desserts, Ice cream substitute, Frozen yogurt (confectionery ices), Ice cream sandwiches, Frozen confectionery containing icecream, Yoghurt based ice cream [ice cream predominating]
Marketing services and On-line sales services in relation the following goods: ice cream drinks, Parfaits, soy based ice cream substitute, ice milk bars, Coffee-based beverages containing ice cream (affogato)
Marketing services and On-line sales services in relation the following goods: Ices, Ice cream mixes, soft ices, Edible ices, Binding agents for ice cream, ice cream cones, Sauces for ice creams, sherbets, Fruit ice cream
Marketing services and On-line sales services in relation the following goods: Ice cream confectionery, Powder for edible ices, Frozen lollies, Edible chocolate ices, Mixtures for making ice cream products, Frozen yoghurts and sorbets, Substances for binding ice cream, Aromatic preparations for ice creams, Sorbets (water ices), Biological binding agents for ice cream
Marketing services and On-line sales services in relation the following goods: Savoury snacks, Fresh pasta, Filled pasta products, Gnocchi and chicche (pasta), Macarons, Gluten-free sweet snacks
Marketing services and On-line sales services in relation the following goods: Gluten-free savoury snacks, gluten-free pasta, Snacks, Organic dried pasta, organic savoury snacks
Marketing services and On-line sales services in relation the following goods: Mayonnaise, Vinegar, Salts, Syrups, ketchup, Tapioca, sago, Preparations made from cereals, Bread loaves, Treacle, Spices, Sauces (condiments), Ice, Mustard, Baked goods, crackers, breadsticks, panettone, pandoro
Marketing services and On-line sales services in relation the following goods: Wine, liquors, Alcoholic beverages, Distilled spirits, Alcoholic beverages containing fruit, Distilled beverages.