The trademark Weiling was filed by Weiling GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 16, 2022, and received one opposition filed on September 14, 2022 by VUELING AIRLINES, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HERRERO & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 14, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Soap
Perfumery
Ethereal oils
Cosmetics
Hair lotions
Dentifrices
Cosmetic soaps
Cosmetics for animals
Beauty care cosmetics
Beauty balm creams
Beauty milk.
The mark was filed in class 29 with following description of goods:
Game, not live
Fish, not live
Poultry
Meat
Meat extracts
Aromatized fruit
Seaweed extracts for food
Stewed apples
Alginates for culinary purposes
Ajvar [preserved peppers]
Apple chips
Apple flakes
Arrangements of processed fruit
Artichoke paste
Eggplant parmigiana
Legume-based spreads
Prunes
Spreads consisting of hazelnut paste
Banana chips
Berry-based fool
Berry soup
Processed nuts
Blanched nuts
Canned beans
Refried beans
Vegetable pate
Caponata
Chilli beans
Vegetable-based chips
Pickled fruits
Dates
Cocktail onions
Pickled jalapenos
Fruit-based fillings for cakes and pies
Fruit jellies
Grilled vegetables
Cooked fruits
Vegetables, cooked
Bottled vegetables
Vegetable puree
Jellies for food
Fruit marmalade
Jellies, jams, compotes, fruit and vegetable spreads
Eggs
Milk
Milk products
Edible oils and fats.
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Cocoa
Sugar
Rice
Tapioca
Sago
Artificial coffee
Imitation chocolate
Coffee extracts
Flour
Preparations made from cereals
Bread
Pastries
Edible ices
Truffles [confectionery]
Flour confectionery
Candy coated confections
Sugar, honey, treacle
Yeast powder
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Salt
Mustard
Vinegar
Sauces [condiments]
Seasonings
Sauces
Gravy mixes
Soya sauce
Spices
Ice for refreshment.
The mark was filed in class 31 with following description of goods:
Agricultural and aquacultural crops, horticulture and forestry products
Live animals, organisms for breeding
Foodstuffs and fodder for animals
Bedding and litter for animals
Live animals
Fresh fruits and vegetables
Seeds for planting
Natural plants
Flowers
Malt extracts for consumption by animals
Residues from malt treatment for use as an animal feed
Malt albumin for animal consumption [other than for medical use].
The mark was filed in class 32 with following description of goods:
Beer
Mineral water [beverages]
Carbonated non-alcoholic drinks
Frozen carbonated beverages
Flavoured carbonated beverages
Juices
Fruit juice beverages
Fruit juice concentrates
Syrups and other non-alcoholic preparations for making beverages
Syrups for making beverages
Syrups for making fruit-flavored drinks.
The mark was filed in class 33 with Alcoholic beverages (except beer).
The mark was filed in class 34 with following description of goods:
Tobacco
Articles for use with tobacco
Smoking tobacco
Smokeless tobacco
Matches.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Conducting of marketing studies
Advertising and marketing consultancy
Personnel consultancy.
The mark was filed in class 39 with following description of goods:
Storage of goods in warehouses
Transportation and delivery of goods except by air
Transport by land
Transportation of freight by land
Transport by road
Transport of persons and goods by land and water.
The mark was filed in class 43 with Services for providing food and drink, excluding airports and aircrafts.