The trademark SMASHIE BURGERS was filed by Cigierre-Compagnia Generale Ristorazione Spa, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on November 7, 2022, and received one opposition filed on December 20, 2022 by Smashburger IP Holder LLC on Likelihood of confusion. the opponent was represented by RAMBERG ADVOKATER KB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 20, 2022
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on May 16, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer software and software applications relating to restaurants and takeaway restaurants
Downloadable software
Downloadable software in the form of mobile applications for take-away food ordering and delivery [dark kitchen]
Virtual food and beverage products
Virtual and augmented reality software
Virtual reality models
Downloadable virtual goods, namely computer programs containing the following goods: Foodstuff products and beverage, The aforesaid goods for use online and in online virtual worlds
NFC (near field communication) tags for use in relation to the following goods: Foodstuff products and beverage
Downloadable software for the creation, production and modification of digital animated and non-animated designs and characters, avatars, digital overlays and skins for access and use in online environments, virtual online environments and virtual reality environments
Downloadable multimedia files featuring graphics, text, audio and video in relation to the following goods: Foodstuff products and beverage, the aforesaid goods authenticated by non-fungible tokens (NFT's)
Retail software in relation to the following goods: Foodstuff products and beverage
Downloadable software for managing and verifying cryptocurrency transactions on a blockchain
Three dimensional viewers
Downloadable cryptographic keys for receiving and spending cryptocurrency
Software, namely Apps for mobile devices and Computer apps
Epayment software
3D animation software
Tokens [software]
Virtual food products, the aforesaid goods authenticated by non-fungible tokens (NFT's).
The mark was filed in class 35 with following description of goods:
Advertising, business management
Digital marketing
Business brokerage in the purchase and sale of food and beverages in the context of ordering and delivery, including via electronic means, including the internet
Online ordering services in the field of restaurant take-out and delivery
The collection and management of data on products and services in the form of an on-line searchable ordering guide
Consultancy relating to business operations of companies involved in ordering and delivery of products, including by electronic means, including the internet
Loyaltyscheme services
Promoting the goods and services of others through discount card programmes
Administration of loyalty programs involving discounts or incentives
Wholesaling and retailing, including via the internet, in relation to foodstuffs and beverages
Demonstration of goods and visualization of products
Online ordering services in the field of restaurant takeaway and delivery in relation to the following goods: Restaurant food and drink and beverages
Retail services provided online in relation to the following fields: virtual merchandise, That is, Foodstuffs and beverages
Online retailing of virtual works of art comprising photographs, designs, graphics, paintings and sculptures for use in online virtual environments.
The mark was filed in class 38 with following description of goods:
Providing on-line chatrooms and electronic bulletin boards for transmission of messages amongst users
Providing online chatrooms for the transmission of messages, comments and multimedia content among users
Providing on-line forums for transmission of messages among computer users
Providing on-line chat rooms and electronic bulletin boards for transmission of messages among users in the field of cryptocurrency and digital currency assets
Telecommunication services
Providing of access to virtual clubs via the internet or mobile telephones
Dissemination of multimedia content via the internet or via mobile telephones
Transmission of digital files
Multimedia broadcasting via the internet and other communications networks
Providing access to multimedia content online
Chat services for social networks
Video-on-demand transmission
Radio and television broadcasting
Providing virtual facilities for real-time interaction among computer users.
The mark was filed in class 39 with following description of goods:
Delivery of foodstuffs and beverages
Delivery of food by restaurants
Transport
Packaging of goods and Storage of goods
Goods [dispatching of goods], including food preparations, including beverages and food prepared for consumption
Refrigerated storage
Courier services for delivering goods.
The mark was filed in class 41 with following description of goods:
Entertainment services
Entertainment services, namely, providing online computer games
Entertainment services, namely, Online provision of the following goods: Foodstuff products and drinks, All the aforesaid goods being for use in virtual environments
Entertainment services, Namely arranging and hosting of virtual shows and social entertainment events
Entertainment services, Namely providing of streaming of entertainment content and live streaming of entertainment events
Entertainment services, namely providing virtual environments in which users can interact, For recreational purposes, For entertainment purposes or For entertainment purposes
Providing information on-line relating to crypto-collectible customization for hobby or entertainment purposes
Production of educational and entertainment content, for use in the following fields: virtual reality, Augmented Reality and Mixed reality
Virtual reality games and interactive games provided online via global computer network and via various wireless networks and electronic devices
Entertainment services, Namely providing of non-downloadable online virtual goods for use in virtual environments
Providing of online digital publications in the form of non-fungible tokens in the field of digital art via the internet
Club services [entertainment or education]
Organisation and management of clubs, including virtual clubs, via the internet or mobile telephones
Provision of training courses
Teaching
Sporting and cultural activities
Providing online videos, not downloadable
Providing online electronic publications, not downloadable
Organization of competitions [education or entertainment]
Party planning [entertainment]
Production of shows
Organisation of training courses, organization of workshops, Organisation of seminars, Arranging of lectures in relation to the following fields: Evolution-based gastronomy, Oenology and Food science
Event organisation services, Organisation of exhibitions and Organisation of shows for cultural purposes, For educational purposes and training purposes in relation to the following fields: Evolution-based gastronomy, Oenology and Food science
Publishing services for books and magazines in relation to the following fields: Evolution-based gastronomy, Oenology and Food science
Arranging of contests in relation to the following fields: Evolution-based gastronomy, Oenology and Food science
Providing of an interactive website for virtual reality game services.
The mark was filed in class 43 with following description of goods:
Services for providing food and drink
Take-away restaurant services
Cafes and cafeterias
Providing temporary accommodation
Providing temporary accommodation
Take-away food and drink services
Servicesfor the preparation of food and drink
Restaurants services, including bar services, bistros, snack-bars, pizzerias
Personal chef services
Canteens
Delicatessens [restaurants]
Food and drink catering, Mobile catering services and Outside catering services
Corporate hospitality (provision of food and drink)
Arranging of wedding receptions [food and drink]
Facilities for events and temporary offices and provision of facilities for meetings
Providing of show and fair facilities
Providing facilities for conferences, Providing of show facilities and Providing meeting facilities
Providing accommodation for functions
Counselling services, in relation to the following fields: Culinary arts
Counselling services, in relation to the following goods: Food stuff
Providing information Relating to the following services: Services for providing food and drink
Providing of temporary accommodation for use in virtual environments
Management of virtual structures, in the form of restaurants, on websites and/or an online platform with real and virtual food and beverage products
Consultancy, advisory, and information services relating to food and drink, food preparation, cookery and cooking recipes, including provision of the same via the Internet
Virtual restaurant services
Online virtual restaurant services with home delivery
Providing of an online website relating to real and virtual food and beverage products, and virtual restaurant services.