The trademark VINUM ITALY was filed by Michele Scapuccin, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on June 1, 2023, and received one opposition filed on August 30, 2023 by FELIX SOLIS, S.L. on Likelihood of confusion. the opponent was represented by Cano Pedrero, Ana and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 30, 2023
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003202092 was rejected according to Article 8(1)(b) EUTMR with decision issued on June 6, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 21 with following description of goods:
Unworked and semi-worked glass, not specified for use
Tableware, cookware and containers
Drinking glasses
Cups and mugs
Beverageware
Wine glasses
Glasses [drinking vessels]
Coffee mugs
Beer mugs
Glass cups
Decanters
Wine jugs
Bottles
Bottle buckets
Corkscrews, electric and non-electric
Bottle openers, electric and non-electric
Bottle racks
Water bottles
Reusable bottles
Plastic bottles
Bottle cradles
Biodegradable bottles
Bottle pourers
Stemware
Drinking goblets
Beer mugs
Beer mugs
Beer jugs
Wine bottle cradles
Corkscrews, electric and non-electric
Wine pourers
Schnapps glasses
Drinks containers.
The mark was filed in class 32 with following description of goods:
Beer
Non-alcoholic beer
Wheat beer
Craft beers
Beer and non-alcoholic beer
Flavored beers
Mineral water [beverages]
Carbonated mineral water
Mineral water [beverages]
Waters
Mineral and aerated waters
Bottled drinking water
Bottled drinking water
Soft drinks
Low-calorie soft drinks
Non-carbonated soft drinks
Powders for making soft drinks
Concentrates for use in the preparation of soft drinks
Non-alcoholic fruit juice beverages
Non-alcoholic flavored carbonated beverages
Syrups for making non-alcoholic beverages
Non-alcoholic beer flavored beverages
Non-alcoholic beverages flavoured with coffee
Fruit flavored soft drinks
Non-alcoholic beverages
Non-alcoholic fruit extracts used in the preparation of beverages
Smoothies
Sherbets [beverages]
Syrups for beverages
Syrups for making beverages
Alcohol free wine
Alcohol free wine
Alcohol free wine
Mixes for making sorbet beverages
Grape juice beverages.
The mark was filed in class 33 with following description of goods:
Distilled beverages
Pre-mixed alcoholic beverages
Alcopops
Spirits [beverages]
Alcoholic energy drinks
Alcoholic beverages (except beer)
Alcoholic carbonated beverages, except beer
Alcoholic beverages containing fruit
Low alcoholic drinks
Potable spirits
Pre-mixed alcoholic beverages, other than beer-based
Wine
Sparkling wines
Sparkling wines
Wine-based aperitifs
Fortified wines
Liqueurs
Fermented spirit
Bitters
Digestifs [liqueurs and spirits]
Anise [liqueur]
Ginseng liquor
Digestifs [liqueurs and spirits]
Flavored tonic liquors
Aperitifs with a distilled alcoholic liquor base
Coffee-based liqueurs
Aquavit
Wines of protected appellation of origin
Sparkling grape wine
Alcoholic beverages (except beers)
Alcoholic beverages (except beers), in particular beverages containing wine
Wine based flavoured beverages
Spirits (beverages)
Gin
Piquette
Sherry
Sparkling wines
Sake
Port (wine)
Hydromel [mead]
Wine
Wines with a registered designation of origin
Fortified wine
Wines with controlled designation of origin
Beverages containing wine
Vermouth
Sake
Cider
Brandy
Peppermint liqueurs
Rice alcohol
Spirits [beverages]
Anisette [liqueur]
Aperitifs
Arrack [arak]
Alcoholic beverages (except beer)
Fruit (Alcoholic beverages containing -)
Pre-mixed alcoholic beverages, other than beer-based
Cocktails
Curacao
Alcoholic essences
Alcoholic extracts
Fruit extracts, alcoholic
Kirsch
Rum
Perry
Vodka
Whisky.
The mark was filed in class 35 with following description of goods:
Provision of information concerning commercial sales
Providing assistance in the field of product commercialization
Providing market information in relation to consumer products
Sales promotion
Sales administration
Product sales information
Sales management consultancy
Publicity and sales promotion services
Consulting in sales techniques and sales programmes
Mail order retail services related to foodstuffs
Direct mail advertising services provided by lettershops
Advertising services relating to the sale of goods
Retail services in relation to the following fields: Business assistance, management and administrative services
Retail services through a catalogue in relation to the following fields: Business assistance, Management and administrative services
Retail mail order services in relation to the following fields: Business assistance, Management and administrative services
Wholesale services in relation to the following fields: Business assistance, Management and administrative services
Online retail services in relation to the following fields: Business assistance, Management and administrative services
Retailing via teleshopping in relation to the following fields: Business assistance, Management and administrative services
Retail services in relation to the following fields: Advertising, marketing and promotional services
Retail services through a catalogue in relation to the following fields: Advertising, marketing and promotional services
Retail mail order services in relation to the following fields: Advertising, marketing and promotional services
Wholesale services in relation to the following fields: Advertising, marketing and promotional services
Retailing via teleshopping in relation to the following fields: Advertising, marketing and promotional services
Retail services in relation to alcoholic beverages (except beer)
Mail order retail services in relation to alcoholic beverages (except beer)
Wholesale services in relation to alcoholic beverages (except beer)
Online retail services in relation to alcoholic beverages (except beer)
Retail services through a catalogue in relation to the following goods: Alcoholic extracts and essences
Mail order retail services in relation to: Alcoholic extracts and essences
Wholesale services in relation to: Alcoholic extracts and essences
Online retail services in relation to the following goods: Alcoholic extracts and essences
Retail services in relation to the following goods: Alcoholic preparations for making beverages
Retail services through a catalogue, in relation to the following goods: Alcoholic preparations for making beverages
Retail mail order services in relation to the following goods: Alcoholic preparations for making beverages
Online retail services in relation to the following goods: Alcoholic preparations for making beverages
Mail order retail services in relation to preparations for making alcoholic beverages
Online retail services in relation to preparations for making alcoholic beverages
Retail services in relation to non-alcoholic beverages
Catalogue retail services in relation to soft drinks
Mail order retail services in relation to soft drinks
Wholesale services in relation to non-alcoholic beverages
Online retail services in relation to non-alcoholic beverages
Television shopping based retail services in relation to non-alcoholic beverages
Retail services in relation to: Beers and Nonalcoholic beer
Retail services through a catalogue in relation to the following goods: Beers and Nonalcoholic beer
Mail order retail services in relation to: Beers and Nonalcoholic beer
Wholesale services in relation to: Beers and Nonalcoholic beer
Online retail services in relation to the following goods: Beers and Nonalcoholic beer
Retailing via teleshopping in relation to the following goods: Beers and Nonalcoholic beer
Retail services in relation to preparations for making beverages
Marketing, wholesaling, retailing and selling via global computer networks of wine
Wholesale and retail services (including via the Internet) in relation to alcoholic beverages (except beers)
Direct mail advertising
Collection of goods, for others, for presentation and sales purposes
Collating of data in the form of information, texts, drawings and images in computer databases
Maintenance of data in computer databases
Systematic ordering of data in a computer database, collating of data in a computer database
Wholesaling and retailing, and mail order, Including the aforesaid services provided via the Internet, in relation to the following goods: glasses, Bottles
Wholesaling and retailing, and mail order, Including the aforesaid services provided via the Internet, in relation to the following goods: beers, mineral and aerated waters and other non-alcoholic beverages
Wholesaling and retailing, and mail order, Including the aforesaid services provided via the Internet, in relation to the following goods: Alcoholic beverages (except beers)
Import-export agencies in the field of wine and alcoholic beverages
Dissemination of advertising matter
Providing of commercial information and advice for consumers relating to the selection of wine
Business management consultancy for vineyards and wine-growers
Organisation of exhibitions and trade fairs for commercial or advertising purposes
Presentation of wine on all kinds of communications media, for retail purposes
Sales promotion for others
Advertising for alcoholic beverages.
The mark was filed in class 40 with following description of goods:
Beer brewing for others
Spirits distillery services
Preservation of drink
Consultancy in the field of rum making
Consultancy in the field of wine making
Food processing
Wine making for others
Processing of foodstuffs for use in manufacture
Coffee roasting and processing
Coffee-grinding
Cider-making for others
Whisky making for others
Wine production
Manufacture of liqueurs and Preparation of liquors.