The trademark DA NANDO was filed by TRATTORIA DA NANDO DI BURAN ISOLINA & C. SNC, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on October 17, 2022, and received one opposition filed on January 10, 2023 by Nando's Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GROOM WILKES & WRIGHT B.V. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 10, 2023
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Downloadable software applications
Downloadable computer software applications to allow users to search, order, browse menus, rate, comment and track the delivery of, restaurant and take-away restaurants meals online
Computer software applications relating to the sale, order and delivery of customer orders
Computer software applications relating to the sale, order and delivery of restaurant and take-away restaurant meals.
The mark was filed in class 29 with following description of goods:
Fish, not live
Poultry
Game, not live
Meat extracts
Hamburgers
Sausages
Meat and meat products
Vegetable jellies
Meat gelatines
Marmalade
Jellies, jams, compotes, fruit and vegetable spreads
Eggs
Milk
Drinks made from dairy products
Edible oils and fats
Prepared dishes consisting principally of meat, Semi-packaged dishes made primarily of meat
Poultry
Vegetables, processed
Soups
Cooked and cured meat products
Cheese
Cheese dips
Cheese-based snack foods
Butter
Pickles
Yoghurt
Fruit salads
Potato-based snack foods
Potato crisps
Potato crisps
Fruit-based snack food
Fruit desserts
Dairy puddings
Beverages having a milk base
Meat-based snack food
Snack mixes consisting of processed fruits and processed nuts
Dairy-based snack foods
Preserved, dried and cooked fruits and vegetables.
The mark was filed in class 30 with following description of goods:
Coffee
Cocoa
Sugar
Rice
Tapioca
Sago
Artificial coffee
Flour
Preparations made from cereals
Bread
Pastries
Confectionery
Ice cream
Honey
Treacle
Yeast
Cooking salt
Mustard
Vinegar
Spices
Pepper
Sauces [condiments]
Ice [frozen water]
Bread rolls
Prepared meals based on rice
Barley meal
Corn flour
Pizzas
Pasta dishes
Tarts [sweet or savoury]
Biscuits
Cakes
Chocolate
Chocolate candies
Ice pops
Ice, ice creams, frozen yogurts and sorbets
Chocolate-based beverages
Caramel
Fruit cakes
Cakes
Prepared desserts [pastries]
Cereal-based snack food
Relish [condiment]
Dried and fresh pastas, noodles and dumplings
Frappes
Petits fours [cakes].
The mark was filed in class 32 with following description of goods:
Beer
Mineral water [beverages]
Soft drinks
Fruit drinks
Juices
Syrups for making beverages
Non-alcoholic beer
Alcohol free wine
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
Wine
Distilled beverages
Liqueurs.
The mark was filed in class 35 with following description of goods:
Retailing and wholesaling, including online, in relation to the following goods: hamburger sandwiches, Sausages, Meat and meat-based products, Jellies, jams, compotes, eggs, Milks, drinks made from dairy products, Edible oils and fats, Prepared meals and semi-prepared meals consisting primarily of meat, fish, poultry or vegetables
Retailing and wholesaling, including online, in relation to the following goods: Stocks, Cooked and cured meat products, Cheese products, Cheese dips, cheese-based snack foods, Butter, Pickles, Yogurt, Fruit salad, potato based snack foods, chips (potato), chips, Crisps (potato ), Fruit-based snack food, Fruit desserts, Dairy-based puddings, Milk shakes, Milk beverages, meat snacks, nut-based snack foods, dairy-based snack foods
Retailing and wholesaling, including online, in relation to the following goods: Coffee, Cocoa, Sugar, rice, tapioca, sago, Coffee substitutes, Flour and preparations made from cereals, Bread loaves, Pastries, Confectionary, Ices, honey, treacle, Yeast, baking-powder, Edible salt, Mustard, vinegar, Spices, Pepper, Sauces (condiments), spices, Ice, bread rolls, Ready meals containing rice, Flour, Pizzas, pies and pasta dishes, Biscuits, cookies, cakes, Petits fours (cakes) and Other pastries
Retailing and wholesaling, including online, in relation to the following goods: Edible ices, Fillings and spreads for sandwiches, Chocolate, chocolate confectionery, water ices, Frozen yogurt bars, Chocolate-based beverages, Caramels (candy), Fruit, Confectionery toppings for ice cream and for desserts, prepared desserts [pastries], Cereal based snack food, Spicy sauces, Dried and fresh pastas, noodles and dumplings
Retailing and wholesaling, including online, in relation to the following goods: Beer, Mineral water, Non-alcoholic beverages, Fruit drinks, Fruit juices, Syrups for the preparation of beverages, Non-alcoholic beers, alcoholic wines, Non-alcoholic preparations for making beverages
Retailing and wholesaling, including online, in relation to the following goods: Alcoholic beverages other than beer, Alcoholic preparations for making beverages, Wine, Distilled spirits, liquors
Online ordering services in the field of restaurant take-out and delivery
Advertising
Provision of business and commercial information in the field of food and drink, including restaurants and take-away restaurants
Internet advertising services for restaurants
Distribution of advertising material
Promotion services
Services for providing food and drink enabling customers to place orders for food and drink online.
The mark was filed in class 43 with following description of goods:
Serving food and drinks
Providing of food and drink via a mobile truck
Food and drink catering
Personal chef services
Self-service restaurant services
Information and advice in relation to the preparation of meals
Rental of temporary accommodation
Hotel services
Bar services
Cafeteria services
Snack-bar services
Ordering and booking services for restaurants and takeaway restaurants.