The trademark LABBATERIA was filed by BGRP S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 26, 2022, and received one opposition filed on September 21, 2022 by Reichold, Timm on Likelihood of confusion. the opponent was represented by Ober, Sebastian and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 21, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Change of name and address of the trademark registration was recorded on January 10, 2023. Appointment and Replacement of representative of the trademark registration was recorded on September 12, 2023. Change of name and address of the trademark registration was recorded on January 3, 2024.
Goods And Services
The mark was filed in class 3 with following description of goods:
Perfumery and fragrances
Soaps and gels
Leather and shoe cleaning and polishing preparations
Household fragrances
Air fragrancing preparations
Incense
Room fragrancing preparations.
The mark was filed in class 8 with following description of goods:
Cutlery, kitchen knives, and cutting implements for kitchen use
Disposable tableware [cutlery] made of plastics
Table cutlery [knives, forks and spoons].
The mark was filed in class 11 with following description of goods:
LED candles
Decorative lighting
Lighting
Outdoor lighting
LED lamps
Desk lamps
Table lamps
Lampshades
Hanging ceiling lamps
Wall lamps
Lights for festive decoration.
The mark was filed in class 16 with following description of goods:
Bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Boxes of paper or cardboard
Carrier bags
Cardboard gift boxes
Gift wrapping paper
Art paper
Pens
Pencils
Pen and pencil cases
Sketch books
Pocket diaries
Agendas
Notepads
Gift packaging
Gift cards
Printed matter
Works of art made of paper
Stationery and educational supplies.
The mark was filed in class 21 with following description of goods:
Works of art of porcelain, ceramic, earthenware or glass
Tableware, cookware and containers
Wine openers
Wine aerators
Wine decanters
Glasses, drinking vessels and barware
Bakeware
Candelabra [candlesticks]
Brushes
Bath brushes
Cleaning brushes.
The mark was filed in class 29 with following description of goods:
Birds eggs and egg products
Dairy products and dairy substitutes
Edible oils and fats
Fish, seafood and molluscs, not live
Meat and meat products
Processed fruits, fungi, vegetables, nuts and pulses
Soups and stocks, meat extracts
Fruit snacks.
The mark was filed in class 30 with following description of goods:
Cereal-based savoury snacks
Rice snacks
Coffee, teas and cocoa and substitutes therefor
Ice, ice creams, frozen yogurts and sorbets
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Bread
Cereal bars and energy bars
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Pizzas
Sauces for pizzas.
The mark was filed in class 31 with following description of goods:
Fungi
Plants and their fresh produce
Flowers
Fresh fruits, nuts, vegetables and herbs.
The mark was filed in class 32 with following description of goods:
Beer and non-alcoholic beer
Non-alcoholic beverages
Non-alcoholic preparations for making beverages.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Alcoholic preparations for making beverages
Cider
Wine
Spirits [beverages]
Pre-mixed alcoholic beverages.
The mark was filed in class 35 with following description of goods:
Retail services in relation to cutlery, kitchen knives, and cutting implements for kitchen use
Retail services in relation to disposable tableware [cutlery] made of plastics
Retail services in relation to table cutlery [knives, forks and spoons]
Retail services in relation to decorative lighting
Retail services in relation to lighting
Retail services in relation to table lamps
Online retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Online retail services in relation to salts, seasonings, flavourings and condiments
Online retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Online retail services in relation to bread
Online retail services in relation to cereal bars and energy bars
Online retail services in relation to pastries, cakes, tarts and biscuits (cookies)
Online retail services in relation to sweets (candy), candy bars and chewing gum
Online retail services in relation to pizzas
Online retail services in relation to sauces for pizzas
Online retail services in relation to birds eggs and egg products
Online retail services in relation to dairy products and dairy substitutes
Online retail services in relation to edible oils and fats
Online retail services in relation to fish, seafood and molluscs, not live
Online retail services in relation to meat and meat products
Online retail services in relation to processed fruits, fungi, vegetables, nuts and pulses
Online retail services in relation to soups and stocks, meat extracts
Online retail services in relation to fruit snacks
Online retail services in relation to tea towels
Online retail services in relation to bed linen and table linen
Online retail services in relation to curtains
Online retail services in relation to textile goods, and substitutes for textile goods
Online retail services in relation to textile napkins [table linen]
Online retail services in relation to fabric gift bags
Online retail services in relation to tableware, cookware and containers
Online retail services in relation to wine openers
Retail services in relation to bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Retail services in relation to boxes of paper or cardboard
Retail services in relation to carrier bags
Retail services in relation to cardboard gift boxes
Retail services in relation to gift wrapping paper
Retail services in relation to art paper
Retail services in relation to pens
Retail services in relation to pencils
Retail services in relation to pen and pencil cases
Retail services in relation to sketch books
Retail services in relation to pocket diaries
Retail services in relation to agendas
Retail services in relation to notepads
Retail services in relation to gift packaging
Retail services in relation to gift cards
Retail services in relation to printed matter
Retail services in relation to works of art made of paper
Retail services in relation to stationery and educational supplies
Retail services in relation to boxes of leather or leatherboard
Retail services in relation to furniture and furnishings
Retail services in relation to clothes hangers, clothes stands [furniture] and clothes hooks
Retail services in relation to mirrors
Retail services in relation to fungi
Retail services in relation to plants and their fresh produce
Retail services in relation to flowers
Retail services in relation to fresh fruits, nuts, vegetables and herbs
Retail services in relation to cereal-based savoury snacks
Online retail services in relation to household textile articles
Online retail services in relation to fabrics
Online retail services in relation to wine aerators
Online retail services in relation to wine decanters
Online retail services in relation to glasses, drinking vessels and barware
Online retail services in relation to bakeware
Online retail services in relation to candelabra [candlesticks]
Online retail services in relation to brushes
Online retail services in relation to cleaning brushes
Online retail services in relation to beer and non-alcoholic beer
Online retail services in relation to non-alcoholic beverages
Online retail services in relation to non-alcoholic preparations for making beverages
Online retail services in relation to alcoholic beverages (except beer)
Online retail services in relation to alcoholic preparations for making beverages
Online retail services in relation to cider
Online retail services in relation to wine
Online retail services in relation to spirits [beverages]
Online retail services in relation to pre-mixed alcoholic beverages
Retail services in relation to festive decorations
Retail services in relation to rice snacks
Retail services in relation to coffee, teas and cocoa and substitutes therefor
Retail services in relation to ice, ice creams, frozen yogurts and sorbets
Retail services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Retail services in relation to salts, seasonings, flavourings and condiments
Retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Retail services in relation to bread
Retail services in relation to cereal bars and energy bars
Retail services in relation to pastries, cakes, tarts and biscuits (cookies)
Retail services in relation to sweets (candy), candy bars and chewing gum
Retail services in relation to pizzas
Retail services in relation to sauces for pizzas
Retail services in relation to birds eggs and egg products
Retail services in relation to dairy products and dairy substitutes
Retail services in relation to edible oils and fats
Retail services in relation to fish, seafood and molluscs, not live
Retail services in relation to meat and meat products
Retail services in relation to processed fruits, fungi, vegetables, nuts and pulses
Retail services in relation to soups and stocks, meat extracts
Retail services in relation to fruit snacks
Retail services in relation to carpets, rugs and mats
Retail services in relation to tea towels
Retail services in relation to bed linen and table linen
Retail services in relation to curtains
Retail services in relation to textile goods, and substitutes for textile goods
Retail services in relation to textile napkins [table linen]
Retail services in relation to household textile articles
Retail services in relation to fabric gift bags
Retail services in relation to tableware, cookware and containers
Retail services in relation to wine openers
Retail services in relation to wine aerators
Retail services in relation to wine decanters
Retail services in relation to glasses, drinking vessels and barware
Retail services in relation to bakeware
Retail services in relation to candelabra [candlesticks]
Retail services in relation to brushes
Retail services in relation to bath brushes
Retail services in relation to cleaning brushes
Retail services in relation to beer and non-alcoholic beer
Retail services in relation to non-alcoholic beverages
Retail services in relation to non-alcoholic preparations for making beverages
Retail services in relation to alcoholic beverages (except beer)
Retail services in relation to alcoholic preparations for making beverages
Retail services in relation to cider
Retail services in relation to wine
Retail services in relation to spirits [beverages]
Retail services in relation to pre-mixed alcoholic beverages
Wholesale services in relation to perfumery and fragrances
Wholesale services in relation to eau de Cologne
Wholesale services in relation to eau de parfum
Wholesale services in relation to toiletries
Wholesale services in relation to leather and shoe cleaning and polishing preparations
Wholesale services in relation to household fragrances
Wholesale services in relation to air fragrancing preparations
Wholesale services in relation to incense
Wholesale services in relation to room fragrancing preparations
Wholesale services in relation to candles
Wholesale services in relation to tealight candles
Wholesale services in relation to candles (Perfumed -)
Wholesale services in relation to floating candles
Wholesale services in relation to cutlery, kitchen knives, and cutting implements for kitchen use
Wholesale services in relation to disposable tableware [cutlery] made of plastics
Wholesale services in relation to table cutlery [knives, forks and spoons]
Wholesale services in relation to lED candles
Wholesale services in relation to decorative lighting
Wholesale services in relation to lighting
Wholesale services in relation to bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Wholesale services in relation to boxes of paper or cardboard
Wholesale services in relation to carrier bags
Wholesale services in relation to cardboard gift boxes
Wholesale services in relation to gift wrapping paper
Wholesale services in relation to art paper
Wholesale services in relation to pens
Wholesale services in relation to pencils
Wholesale services in relation to pen and pencil cases
Wholesale services in relation to sketch books
Wholesale services in relation to pocket diaries
Wholesale services in relation to agendas
Wholesale services in relation to notepads
Wholesale services in relation to gift packaging
Wholesale services in relation to gift cards
Wholesale services in relation to printed matter
Wholesale services in relation to works of art made of paper
Wholesale services in relation to stationery and educational supplies
Wholesale services in relation to boxes of leather or leatherboard
Wholesale services in relation to umbrellas and parasols
Wholesale services in relation to furniture and furnishings
Wholesale services in relation to frames
Wholesale services in relation to clothes hangers, clothes stands [furniture] and clothes hooks
Wholesale services in relation to mirrors
Wholesale services in relation to fungi
Wholesale services in relation to plants and their fresh produce
Wholesale services in relation to flowers
Wholesale services in relation to fresh fruits, nuts, vegetables and herbs
Wholesale services in relation to cereal-based savoury snacks
Wholesale services in relation to rice snacks
Wholesale services in relation to coffee, teas and cocoa and substitutes therefor
Wholesale services in relation to ice, ice creams, frozen yogurts and sorbets
Wholesale services in relation to processed grains, starches, and goods made thereof, baking preparations and yeasts
Wholesale services in relation to salts, seasonings, flavourings and condiments
Wholesale services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Wholesale services in relation to bread
Wholesale services in relation to cereal bars and energy bars
Wholesale services in relation to pastries, cakes, tarts and biscuits (cookies)
Wholesale services in relation to sweets (candy), candy bars and chewing gum
Wholesale services in relation to pizzas
Wholesale services in relation to sauces for pizzas
Wholesale services in relation to birds eggs and egg products
Wholesale services in relation to dairy products and dairy substitutes
Wholesale services in relation to edible oils and fats
Wholesale services in relation to fish, seafood and molluscs, not live
Wholesale services in relation to meat and meat products
Wholesale services in relation to processed fruits, fungi, vegetables, nuts and pulses
Wholesale services in relation to soups and stocks, meat extracts
Wholesale services in relation to fruit snacks
Wholesale services in relation to tea towels
Wholesale services in relation to bed linen and table linen
Wholesale services in relation to curtains
Wholesale services in relation to textile goods, and substitutes for textile goods
Wholesale services in relation to textile napkins [table linen]
Wholesale services in relation to household textile articles
Wholesale services in relation to fabrics
Wholesale services in relation to tableware, cookware and containers
Wholesale services in relation to wine openers
Wholesale services in relation to wine aerators
Wholesale services in relation to wine decanters
Wholesale services in relation to glasses, drinking vessels and barware
Wholesale services in relation to bakeware
Wholesale services in relation to candelabra [candlesticks]
Wholesale services in relation to brushes
Wholesale services in relation to bath brushes
Wholesale services in relation to cleaning brushes
Wholesale services in relation to beer and non-alcoholic beer
Wholesale services in relation to non-alcoholic beverages
Wholesale services in relation to non-alcoholic preparations for making beverages
Wholesale services in relation to alcoholic beverages (except beer)
Wholesale services in relation to alcoholic preparations for making beverages
Wholesale services in relation to cider
Wholesale services in relation to wine
Wholesale services in relation to spirits [beverages]
Wholesale services in relation to pre-mixed alcoholic beverages
Online retail services in relation to perfumery and fragrances
Online retail services in relation to leather and shoe cleaning and polishing preparations
Online retail services in relation to household fragrances
Online retail services in relation to air fragrancing preparations
Online retail services in relation to incense
Online retail services in relation to room fragrancing preparations
Online retail services in relation to candles
Online retail services in relation to tealight candles
Online retail services in relation to candles (Perfumed -)
Online retail services in relation to floating candles
Online retail services in relation to cutlery, kitchen knives, and cutting implements for kitchen use
Online retail services in relation to disposable tableware [cutlery] made of plastics
Online retail services in relation to table cutlery [knives, forks and spoons]
Wholesale services in relation to fabric gift bags
Online retail services in relation to lED candles
Online retail services in relation to decorative lighting
Online retail services in relation to lighting
Conducting virtual trade show exhibitions online
Advertising, marketing and promotional services
Business assistance, management and administrative services
Business management of wholesale and retail outlets
Loyalty, incentive and bonus program services
Retail services in relation to perfumery and fragrances
Retail services in relation to leather and shoe cleaning and polishing preparations
Retail services in relation to household fragrances
Retail services in relation to air fragrancing preparations
Retail services in relation to incense
Online retail services in relation to luggage, bags, wallets and other carriers
Online retail services in relation to umbrellas and parasols
Online retail services in relation to furniture and furnishings
Online retail services in relation to frames
Online retail services in relation to clothes hangers, clothes stands [furniture] and clothes hooks
Online retail services in relation to beds, bedding, mattresses, pillows and cushions
Online retail services in relation to mirrors
Online retail services in relation to fungi
Online retail services in relation to plants and their fresh produce
Online retail services in relation to flowers
Online retail services in relation to fresh fruits, nuts, vegetables and herbs
Online retail services in relation to cereal-based savoury snacks
Online retail services in relation to rice snacks
Online retail services in relation to coffee, teas and cocoa and substitutes therefor
Online retail services in relation to ice, ice creams, frozen yogurts and sorbets
Online retail services in relation to jewellery fashioned from non-precious metals
Online retail services in relation to jewellery fashioned of semi-precious stones
Online retail services in relation to bags and articles for packaging, wrapping and storage of paper, cardboard or plastics
Online retail services in relation to boxes of paper or cardboard
Online retail services in relation to carrier bags
Online retail services in relation to cardboard gift boxes
Online retail services in relation to gift wrapping paper
Online retail services in relation to art paper
Online retail services in relation to pens
Online retail services in relation to pencils
Online retail services in relation to pen and pencil cases
Online retail services in relation to sketch books
Online retail services in relation to pocket diaries
Online retail services in relation to agendas
Online retail services in relation to notepads
Online retail services in relation to gift packaging
Online retail services in relation to gift cards
Online retail services in relation to printed matter
Online retail services in relation to works of art made of paper
Online retail services in relation to stationery and educational supplies
Online retail services in relation to boxes of leather or leatherboard
Retail services in relation to room fragrancing preparations
Retail services in relation to candles
Retail services in relation to tealight candles
Retail services in relation to candles (Perfumed -)
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Management advisory services related to franchising
Business advice relating to restaurant franchising
Business advisory services relating to franchising.
The mark was filed in class 36 with following description of goods:
Provision of prepaid cards and tokens
Issue of tokens, coupons and vouchers of value
Issuing gift certificates which may then be redeemed for goods or services
Issuing of payment gift cards
Issuing of payment gift vouchers
Issuing of tokens of value in relation to customer loyalty schemes
Issuing of tokens of value in relation to incentive schemes.
The mark was filed in class 38 with Providing access to e-commerce platforms on the Internet.
The mark was filed in class 39 with following description of goods:
Flower delivery
Food delivery
Gift delivery
Delivery of groceries
Delivery of wines
Delivery of goods.
The mark was filed in class 43 with following description of goods:
Wine tasting services (provision of beverages)
Delicatessens [restaurants]
Provision of food and drink
Services for providing food and drink
Takeaway food and drink services
Hospitality services [food and drink]
Provision of facilities for exhibitions
Provision of event facilities and temporary office and meeting facilities.