The trademark SO DAMN FUSION was filed by TEMAKINHO S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on November 17, 2022, and received one opposition filed on January 12, 2023 by SOCIEDAD ANONIMA DAMM on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DESPACHO GONZĂLEZ-BUENO, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 12, 2023
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. A transfer of the trademark registration was recorded on July 30, 2024. A transfer of the trademark registration was recorded on August 8, 2024.
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 goods namely Foodstuff products and beverage
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
E-payment software
Downloadable virtual goods for use online and in online virtual worlds
3D animation software
Tokens [software]
Virtual food products and Virtual drinks, the aforesaid goods authenticated by non-fungible tokens (NFT's).
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk
Milk products
Edible oils and fats
Vegetable-based prepared meals
Fish-based prepared meals
Meat-based prepared meals
Meat-based prepared food
Prepared foodstuffs based on fish
Dried fruit-based snacks
Prepared meals consisting principally of vegetables
Prepared dishes consisting principally of meat, Prepared dishes mainly consisting of fish.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Sushi
Tapioca
Sago
Flour
Preparations made from cereals
Bread, pastry and confectionery
Chocolate
Ice cream
Sorbets [water ices]
Sugar, honey, treacle
Yeast
Salt, condiments, spices, dried herbs
Vinegar
Sauces and other condiments
Ice [frozen water]
Ready meals based on rice or pasta
Rice-based prepared meals
Pasta-based prepared meals
Flour based savory snacks.
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
Loyalty scheme 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 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 providing in relation to the following goods: Non-downloadable virtual food, drinks and accessories, 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 an online environment relating to the 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 of online, non-downloadable virtual goods
Providing of online non-downloadable software for providing access to virtual collectibles, non-fungible tokens and other application tokens
Providing of an online virtual environment for exchanging virtual collectibles, virtual goods, digital files, 3D resources and tokens
Providing of an online website
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 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 an interactive website and computer application software 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 restaurant featuring actual and virtual food 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.