The trademark UP 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 26, 2022 by Lee, Sang Jeong on Likelihood of confusion. the opponent was represented by RGTH PATENTANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 26, 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.
The Opposition with reference B 003179633 was rejected according to Article 8(1)(b) EUTMR with decision issued on November 5, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 7 with Coffee grinders, other than hand-operated and Coffee mills [other than hand operated]..
The mark was filed in class 9 with following description of goods:
Decorative magnets
Kitchen timers
Musical sound recordings
Downloadable musical sound recordings
Encoded gift cards
Flip covers for mobile phones
Straps for mobile phones
Cases for mobile phones
E-commerce and e-payment software.
The mark was filed in class 11 with following description of goods:
Coffee makers
Electric coffee brewers
Espresso coffee machines
Electric espresso machines.
The mark was filed in class 14 with following description of goods:
Keyrings
Clocks and watches
Alarm clocks.
The mark was filed in class 16 with following description of goods:
Paper filters for coffee makers
Paper coffee filters
Magazines
Newspapers
Printed matter
Printed publications
Gift cards.
The mark was filed in class 18 with following description of goods:
Wallets
Billfolds
Tote bags
Purses
Book bags
Briefcase-type portfolios
Valises
Luggage tags
Umbrellas
Luggage, bags, wallets and other carriers
Umbrellas and parasols.
The mark was filed in class 20 with Household furniture.
The mark was filed in class 21 with following description of goods:
Non-electrical coffee grinders
Coffee mills (Hand operated -)
Insulated mugs
Insulated flasks
Tea cups
Paper cups
Coffee cups
Mugs
Coffee mugs
Glassware
Dishes
Plates
Bowls
Plunger-style coffee makers, non-electric
Coffee filters not of paper being part of non-electric coffee makers
Coffee makers, non-electric
Cups
Coffee brewers (Non-electric -)
Decorative porcelain ware
Trivets
Thermal insulated containers for food or beverages
Household utensils
Household containers.
The mark was filed in class 24 with following description of goods:
Tea towels
Kitchen towels of cloth
Kitchen linen
Kitchen towels.
The mark was filed in class 25 with following description of goods:
Clothing
T-shirts
Polo shirts
Sweatshirts
Caps
Hats
Jackets
Shorts
Aprons.
The mark was filed in class 28 with following description of goods:
Toys
Cloth toys
Soft toys
Plush toys
Christmas tree ornaments.
The mark was filed in class 29 with following description of goods:
Dairy products and dairy substitutes
Dried fruit-based snacks
Flavoured milk beverages
Jellies, jams, compotes, fruit and vegetable spreads
Preserves, pickles.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Salts, seasonings, flavourings and condiments
Cereal bars and energy bars
Pastries, cakes, tarts and biscuits (cookies)
Sweets (candy), candy bars and chewing gum
Bread
Frozen confectionery containing ice cream
Ice beverages with a cocoa base
Ice beverages with a coffee base
Flavouring syrups
Coffee flavourings
Chocolate flavourings
Dry and liquid ready-to-serve meals, mainly consisting of pasta
Dry and liquid ready-to-serve meals, mainly consisting of rice
Meals consisting primarily of pasta
Pies [sweet or savoury]
Pizzas
Sandwiches
Coffee beverages
Sauces
Salad sauces
Breakfast cereals, porridge and grits
Aerated beverages [with coffee, cocoa or chocolate base]
Preparations for making beverages [coffee based]
Espresso.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages flavoured with coffee
Coffee-flavored soft drinks
Waters
Sparkling water
Fruit beverages and fruit juices
Soft drinks
Syrups for making beverages
Preparations for making beverages
Flavored beer
Beer and non-alcoholic beer
Coffee-flavored beer.
The mark was filed in class 35 with following description of goods:
Providing assistance in the field of business management within the framework of a franchise contract
Retail services in relation to coffee grinders, other than hand-operated
Retail services in relation to coffee mills [other than hand operated]
Retail services in relation to clothing
Retail services in relation to t-shirts
Retail services in relation to polo shirts
Retail services in relation to sweatshirts
Retail services in relation to caps
Retail services in relation to hats
Retail services in relation to jackets
Retail services in relation to shorts
Retail services in relation to aprons
Retail services in relation to toys
Retail services in relation to cloth toys
Retail services in relation to soft toys
Retail services in relation to plush toys
Retail services in relation to christmas tree ornaments
Retail services in relation to decorative magnets
Retail services in relation to kitchen timers
Retail services in relation to musical sound recordings
Retail services in relation to downloadable musical sound recordings
Retail services in relation to encoded gift cards
Retail services in relation to flip covers for mobile phones
Retail services in relation to straps for mobile phones
Retail services in relation to cases for mobile phones
Retail services in relation to e-commerce and e-payment software
Retail services in relation to coffee makers
Retail services in relation to electric coffee brewers
Retail services in relation to espresso coffee machines
Retail services in relation to electric espresso machines
Retail services in relation to dairy products and dairy substitutes
Retail services in relation to dried fruit-based snacks
Retail services in relation to flavoured milk beverages
Retail services in relation to jellies, jams, compotes, fruit and vegetable spreads
Retail services in relation to preserves, pickles
Retail services in relation to coffee, teas and cocoa and substitutes therefor
Retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Retail services in relation to salts, seasonings, flavourings and condiments
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 bread
Retail services in relation to frozen confectionery containing ice cream
Retail services in relation to ice beverages with a cocoa base
Retail services in relation to ice beverages with a coffee base
Retail services in relation to flavouring syrups
Retail services in relation to coffee flavourings
Retail services in relation to chocolate flavourings
Retail services in relation to dry and liquid ready-to-serve meals, mainly consisting of pasta
Retail services in relation to dry and liquid ready-to-serve meals, mainly consisting of rice
Retail services in relation to meals consisting primarily of pasta
Retail services in relation to pies [sweet or savoury]
Retail services in relation to pizzas
Retail services in relation to sandwiches
Retail services in relation to coffee beverages
Retail services in relation to sauces
Retail services in relation to salad sauces
Retail services in relation to breakfast cereals, porridge and grits
Retail services in relation to aerated beverages [with coffee, cocoa or chocolate base]
Retail services in relation to preparations for making beverages [coffee based]
Retail services in relation to espresso
Retail services in relation to keyrings
Retail services in relation to clocks and watches
Retail services in relation to alarm clocks
Retail services in relation to paper filters for coffee makers
Retail services in relation to paper coffee filters
Retail services in relation to magazines
Retail services in relation to newspapers
Retail services in relation to printed matter
Retail services in relation to printed publications
Retail services in relation to gift cards
Retail services in relation to non-alcoholic beverages flavoured with coffee
Retail services in relation to coffee-flavored soft drinks
Retail services in relation to waters
Retail services in relation to sparkling water
Retail services in relation to fruit beverages and fruit juices
Retail services in relation to soft drinks
Retail services in relation to syrups for making beverages
Retail services in relation to preparations for making beverages
Retail services in relation to flavored beer
Retail services in relation to beer and non-alcoholic beer
Retail services in relation to coffee-flavored beer
Retail services in relation to wallets
Retail services in relation to billfolds
Retail services in relation to tote bags
Retail services in relation to purses
Retail services in relation to luggage tags
Retail services in relation to book bags
Retail services in relation to briefcase-type portfolios
Retail services in relation to valises
Retail services in relation to umbrellas
Retail services in relation to luggage, bags, wallets and other carriers
Retail services in relation to umbrellas and parasols
Retail services in relation to household furniture
Retail services in relation to non-electrical coffee grinders
Retail services in relation to coffee mills (Hand operated -)
Retail services in relation to insulated mugs
Retail services in relation to insulated flasks
Retail services in relation to tea cups
Retail services in relation to paper cups
Retail services in relation to coffee cups
Retail services in relation to mugs
Retail services in relation to coffee mugs
Retail services in relation to dishes
Retail services in relation to plates
Retail services in relation to bowls
Retail services in relation to plunger-style coffee makers, non-electric
Retail services in relation to coffee filters not of paper being part of non-electric coffee makers
Retail services in relation to coffee makers, non-electric
Retail services in relation to cups
Retail services in relation to decorative porcelain ware
Retail services in relation to trivets
Retail services in relation to thermal insulated containers for food or beverages
Retail services in relation to coffee brewers (Non-electric -)
Retail services in relation to household utensils
Retail services in relation to household containers
Retail services in relation to tea towels
Retail services in relation to kitchen towels of cloth
Retail services in relation to kitchen linen
Retail services in relation to kitchen towels
Wholesale services in relation to coffee grinders, other than hand-operated
Wholesale services in relation to coffee mills [other than hand operated]
Wholesale services in relation to clothing
Wholesale services in relation to t-shirts
Wholesale services in relation to polo shirts
Wholesale services in relation to sweatshirts
Wholesale services in relation to caps
Wholesale services in relation to hats
Wholesale services in relation to jackets
Wholesale services in relation to shorts
Wholesale services in relation to aprons
Wholesale services in relation to toys
Wholesale services in relation to cloth toys
Wholesale services in relation to soft toys
Wholesale services in relation to plush toys
Wholesale services in relation to christmas tree ornaments
Wholesale services in relation to decorative magnets
Wholesale services in relation to kitchen timers
Wholesale services in relation to musical sound recordings
Wholesale services in relation to downloadable musical sound recordings
Wholesale services in relation to encoded gift cards
Wholesale services in relation to e-commerce and e-payment software
Wholesale services in relation to flip covers for mobile phones
Wholesale services in relation to straps for mobile phones
Wholesale services in relation to cases for mobile phones
Wholesale services in relation to coffee makers
Wholesale services in relation to electric coffee brewers
Wholesale services in relation to espresso coffee machines
Wholesale services in relation to electric espresso machines
Wholesale services in relation to dairy products and dairy substitutes
Wholesale services in relation to dried fruit-based snacks
Wholesale services in relation to flavoured milk beverages
Wholesale services in relation to jellies, jams, compotes, fruit and vegetable spreads
Wholesale services in relation to preserves, pickles
Wholesale services in relation to coffee, teas and cocoa and substitutes therefor
Wholesale services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Wholesale services in relation to salts, seasonings, flavourings and condiments
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 bread
Wholesale services in relation to frozen confectionery containing ice cream
Wholesale services in relation to ice beverages with a cocoa base
Wholesale services in relation to ice beverages with a coffee base
Wholesale services in relation to flavouring syrups
Wholesale services in relation to coffee flavourings
Wholesale services in relation to chocolate flavourings
Wholesale services in relation to dry and liquid ready-to-serve meals, mainly consisting of pasta
Wholesale services in relation to dry and liquid ready-to-serve meals, mainly consisting of rice
Wholesale services in relation to meals consisting primarily of pasta
Wholesale services in relation to pies [sweet or savoury]
Wholesale services in relation to pizzas
Wholesale services in relation to sandwiches
Wholesale services in relation to coffee beverages
Wholesale services in relation to sauces
Wholesale services in relation to salad sauces
Wholesale services in relation to breakfast cereals, porridge and grits
Wholesale services in relation to aerated beverages [with coffee, cocoa or chocolate base]
Wholesale services in relation to preparations for making beverages [coffee based]
Wholesale services in relation to espresso
Wholesale services in relation to keyrings
Wholesale services in relation to clocks and watches
Wholesale services in relation to alarm clocks
Wholesale services in relation to paper filters for coffee makers
Wholesale services in relation to paper coffee filters
Wholesale services in relation to magazines
Wholesale services in relation to newspapers
Wholesale services in relation to printed matter
Wholesale services in relation to non-alcoholic beverages flavoured with coffee
Wholesale services in relation to printed publications
Wholesale services in relation to coffee-flavored soft drinks
Wholesale services in relation to waters
Wholesale services in relation to sparkling water
Wholesale services in relation to fruit beverages and fruit juices
Wholesale services in relation to soft drinks
Wholesale services in relation to syrups for making beverages
Wholesale services in relation to preparations for making beverages
Wholesale services in relation to flavored beer
Wholesale services in relation to beer and non-alcoholic beer
Wholesale services in relation to coffee-flavored beer
Wholesale services in relation to wallets
Wholesale services in relation to billfolds
Wholesale services in relation to tote bags
Wholesale services in relation to purses
Wholesale services in relation to book bags
Wholesale services in relation to briefcase-type portfolios
Wholesale services in relation to valises
Wholesale services in relation to luggage tags
Wholesale services in relation to umbrellas
Wholesale services in relation to luggage, bags, wallets and other carriers
Wholesale services in relation to umbrellas and parasols
Wholesale services in relation to household furniture
Wholesale services in relation to non-electrical coffee grinders
Wholesale services in relation to coffee mills (Hand operated -)
Wholesale services in relation to insulated mugs
Wholesale services in relation to insulated flasks
Wholesale services in relation to tea cups
Wholesale services in relation to paper cups
Wholesale services in relation to coffee cups
Wholesale services in relation to mugs
Wholesale services in relation to coffee mugs
Wholesale services in relation to dishes
Wholesale services in relation to plates
Wholesale services in relation to bowls
Wholesale services in relation to plunger-style coffee makers, non-electric
Wholesale services in relation to coffee filters not of paper being part of non-electric coffee makers
Wholesale services in relation to coffee makers, non-electric
Wholesale services in relation to cups
Wholesale services in relation to decorative porcelain ware
Wholesale services in relation to trivets
Wholesale services in relation to thermal insulated containers for food or beverages
Wholesale services in relation to coffee brewers (Non-electric -)
Wholesale services in relation to household utensils
Wholesale services in relation to household containers
Wholesale services in relation to tea towels
Wholesale services in relation to kitchen towels of cloth
Wholesale services in relation to kitchen linen
Wholesale services in relation to kitchen towels
Online retail services in relation to coffee grinders, other than hand-operated
Online retail services in relation to coffee mills [other than hand operated]
Online retail services in relation to sweatshirts
Online retail services in relation to clothing
Online retail services in relation to t-shirts
Online retail services in relation to polo shirts
Online retail services in relation to caps
Online retail services in relation to hats
Online retail services in relation to jackets
Online retail services in relation to shorts
Online retail services in relation to aprons
Online retail services in relation to toys
Online retail services in relation to cloth toys
Online retail services in relation to soft toys
Online retail services in relation to plush toys
Online retail services in relation to christmas tree ornaments
Online retail services in relation to decorative magnets
Online retail services in relation to kitchen timers
Online retail services in relation to musical sound recordings
Online retail services in relation to downloadable musical sound recordings
Online retail services in relation to encoded gift cards
Online retail services in relation to flip covers for mobile phones
Online retail services in relation to straps for mobile phones
Online retail services in relation to cases for mobile phones
Online retail services in relation to e-commerce and e-payment software
Online retail services in relation to coffee makers
Online retail services in relation to electric coffee brewers
Online retail services in relation to espresso coffee machines
Online retail services in relation to electric espresso machines
Online retail services in relation to dairy products and dairy substitutes
Online retail services in relation to dried fruit-based snacks
Online retail services in relation to flavoured milk beverages
Online retail services in relation to jellies, jams, compotes, fruit and vegetable spreads
Online retail services in relation to preserves, pickles
Online retail services in relation to coffee, teas and cocoa and substitutes therefor
Online retail services in relation to sugars, natural sweeteners, sweet coatings and fillings, bee products
Online retail services in relation to salts, seasonings, flavourings and condiments
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 bread
Online retail services in relation to frozen confectionery containing ice cream
Online retail services in relation to ice beverages with a cocoa base
Online retail services in relation to ice beverages with a coffee base
Online retail services in relation to flavouring syrups
Online retail services in relation to coffee flavourings
Online retail services in relation to chocolate flavourings
Online retail services in relation to dry and liquid ready-to-serve meals, mainly consisting of pasta
Online retail services in relation to pizzas
Online retail services in relation to dry and liquid ready-to-serve meals, mainly consisting of rice
Online retail services in relation to meals consisting primarily of pasta
Online retail services in relation to pies [sweet or savoury]
Online retail services in relation to sandwiches
Online retail services in relation to coffee beverages
Online retail services in relation to sauces
Online retail services in relation to salad sauces
Online retail services in relation to breakfast cereals, porridge and grits
Online retail services in relation to aerated beverages [with coffee, cocoa or chocolate base]
Online retail services in relation to preparations for making beverages [coffee based]
Online retail services in relation to espresso
Online retail services in relation to keyrings
Online retail services in relation to clocks and watches
Online retail services in relation to alarm clocks
Online retail services in relation to paper filters for coffee makers
Online retail services in relation to paper coffee filters
Online retail services in relation to magazines
Online retail services in relation to newspapers
Online retail services in relation to printed matter
Online retail services in relation to printed publications
Online retail services in relation to gift cards
Online retail services in relation to non-alcoholic beverages flavoured with coffee
Online retail services in relation to coffee-flavored soft drinks
Online retail services in relation to waters
Online retail services in relation to sparkling water
Online retail services in relation to fruit beverages and fruit juices
Online retail services in relation to soft drinks
Online retail services in relation to syrups for making beverages
Online retail services in relation to preparations for making beverages
Online retail services in relation to flavored beer
Online retail services in relation to beer and non-alcoholic beer
Online retail services in relation to coffee-flavored beer
Online retail services in relation to wallets
Online retail services in relation to billfolds
Online retail services in relation to tote bags
Online retail services in relation to purses
Online retail services in relation to book bags
Online retail services in relation to briefcase-type portfolios
Online retail services in relation to valises
Online retail services in relation to luggage tags
Online retail services in relation to umbrellas
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 household furniture
Online retail services in relation to non-electrical coffee grinders
Online retail services in relation to coffee mills (Hand operated -)
Online retail services in relation to insulated mugs
Online retail services in relation to insulated flasks
Online retail services in relation to mugs
Online retail services in relation to tea cups
Online retail services in relation to paper cups
Online retail services in relation to coffee cups
Online retail services in relation to coffee mugs
Online retail services in relation to dishes
Online retail services in relation to plates
Online retail services in relation to bowls
Online retail services in relation to plunger-style coffee makers, non-electric
Online retail services in relation to coffee filters not of paper being part of non-electric coffee makers
Online retail services in relation to coffee makers, non-electric
Online retail services in relation to cups
Online retail services in relation to decorative porcelain ware
Online retail services in relation to trivets
Online retail services in relation to thermal insulated containers for food or beverages
Online retail services in relation to coffee brewers (Non-electric -)
Online retail services in relation to household utensils
Online retail services in relation to household containers
Online retail services in relation to tea towels
Online retail services in relation to kitchen towels of cloth
Online retail services in relation to kitchen linen
Online retail services in relation to kitchen towels
Business advice and consultancy relating to franchising
Business management and administration
Business management assistance in the field of franchising
Business advisory services relating to the establishment and operation of franchises
Business management assistance in the establishment and operation of restaurants
Administration of loyalty programs involving discounts or incentives
Management of customer loyalty, incentive or promotional schemes.
The mark was filed in class 41 with following description of goods:
Arranging professional workshop and training courses
Business training services
Education services relating to business franchise management
Provision of recreational events
Provision of entertainment
Party planning [entertainment].
The mark was filed in class 43 with following description of goods:
Food and drink catering
Bar and restaurant services
Café services
Cafeteria services
Delicatessens [restaurants]
Preparation and provision of food and drink for immediate consumption
Providing of food and drink via a mobile truck
Restaurant services incorporating licensed bar facilities
Take-away food and drink services
Teahouse services
Wine tasting services (provision of beverages)
Provision of facilities for exhibitions
Provision of event facilities and temporary office and meeting facilities