The trademark GIOCONDO Caffè Cabaret was filed by Ivano Trombino, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 25, 2022, and received one opposition filed on July 24, 2022 by IVARS ALBERT, ANTONIO on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion.
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003175219 was rejected according to Article 8(1)(a) EUTMR with decision issued on March 11, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Alcoholic essences and extracts
Alcoholic preparations for making beverages
Preparations for making alcoholic beverages
Cider
Spirits [beverages]
Pre-mixed alcoholic beverages
Wine
Bitters
Aperitifs
Cocktails
Liqueurs
Coffee-based liqueurs
Digestifs [liqueurs and spirits]
Liquor-based aperitifs
Wine-based aperitifs
Alcoholic aperitif bitters
Alcoholic coffee-based beverage
Alcoholic cocktail mixes
Aperitifs with a distilled alcoholic liquor base
Alcoholic wines
Low-alcoholic wine.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Commercial administration of the licensing of the goods and services of others
Wholesale services in relation to coffee
Wholesale services in relation to preparations for making alcoholic beverages
Retail services in relation to coffee
Retail services in relation to foodstuffs
Retail services in relation to beer
Retail services relating to alcoholic beverages
Retail services in relation to preparations for making alcoholic beverages
Retail services in relation to preparations for making beverages
Retail services in relation to non-alcoholic beverages
Retail services in relation to alcoholic beverages (except beer)
Mail order retail services related to non-alcoholic beverages
Retail services via global computer networks related to alcoholic beverages (except beer)
Retail services via global computer networks related to non-alcoholic beverages
Dissemination of advertising, marketing and publicity materials
Dissemination of advertising matter online
Distribution of products for advertising purposes
Product demonstrations and product display services
Trade show and commercial exhibition services
Product sampling
Event marketing
Product marketing
Arranging of product launches
Advertising particularly services for the promotion of goods
Advertising services to promote the sale of beverages
Advertising services for the promotion of beverages.