018862713

CAPELLA

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April 16, 2023

Trademark Summary

The trademark CAPELLA was filed by Capella Flavors, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on February 12, 2024, and received one opposition filed on May 12, 2024 by Sogrape Vinhos, S.A. on Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 12, 2024

The application was filed in Danish, and Danish was also language of all opposition proceedings (English was selected as the second language).

The Opposition with reference B 003217044 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 9, 2025 by the EUIPO.

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Goods And Services

• The mark was filed in class 1 with following description of goods:
  
  1. Chemical substances for preserving foodstuffs
  2. Chemical products for the preparation of flavourings
  3. Chemical liquids for the preparation of flavourings
  4. Chemical compositions for use in food and beverages
  5. Enzymes for use in flavourings
  6. Polysaccharides for use in flavouring
  7. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
  8. Unprocessed artificial resins, unprocessed plastics
  9. Manures
  10. Fire extinguishing compositions
  11. Tempering and soldering preparations
  12. Tanning substances
  13. Adhesives used in industry.
• The mark was filed in class 30 with following description of goods:
  
  1. Chocolate flavourings
  2. Flavourings for chocolate walnut cakes, chocolate bananas, mint chocolate biscuits, chocolate bars, chocolate orange, chocolate covered fruit, chocolate mints, caramel
  3. Coffee flavourings
  4. Flavourings [not essential oils]
  5. Flavourings and seasonings
  6. Flavourings for beverages
  7. Flavourings for butter
  8. Flavourings for cakes
  9. Flavourings for cheesecake, muffins, hot cross buns, tarts, cookies, ginger snaps, cupcakes, truffles, custard cream biscuits, vanilla fudge, biscuits
  10. Flavourings for cheeses
  11. Flavourings for foods
  12. Flavourings for cola flavoured confectionary
  13. Flavourings for soups
  14. Flavourings made from f ish
  15. Flavourings made from fruits
  16. Apple flavoured confectionary, pear flavoured confectionary, coconut confectionary, fruit jellies flavourings
  17. Flavourings made from lobsters
  18. Flavourings made from meat
  19. Flavourings made from pickles
  20. Flavourings made fr om poultry
  21. Flavourings made from shrimps
  22. Flavourings made from snails
  23. Flavouring of nuts
  24. Flavourings of almond
  25. Flavourings of lemons
  26. Lemon flavoured confectionary
  27. Flavourings of tea
  28. Food flavourings
  29. Fruit flavourings, except essences
  30. Natural flavourings for use in ices [other than etheric essences or essential oils]
  31. Natural sweeteners
  32. Flavourings and condiments
  33. Vanilla flavouring, vanillin (vanilla substitute)
  34. Savoury food flavourings for animal foods [other than essential oils]
  35. Savoury food flavourings for food [other than essential oils].
• The mark was filed in class 31 with following description of goods:
  
  1. Fresh fruits and vegetables
  2. Organic fresh fruit and vegetables
  3. Raw vegetables
  4. Root vegetables
  5. Nuts and herbs
  6. Organic fresh herbs
  7. Seeds
  8. Grains and agricultural, horticultural and forestry products
  9. Natural plants and flowers
  10. Malt
  11. All of the abovementioned goods other than those of the botanical genera Aeschynanthus, Glycine, Spathiphyllum, Pisum, Delphinium, Spathiphyllum, Saintpaulia, Dahlia, Sinapis, Gerbera L, Prunus, Spathiphyllum, Lactuca, Helianthus, Festuca, Phaseolus
  12. Live animals
  13. Foodstuffs for animals.
• The mark was filed in class 32 with following description of goods:
  
  1. Beers
  2. Mineral and aerated waters and other non-alcoholic beverages
  3. Fruit beverages and fruit juices
  4. Syrups and other preparations for making beverages
  5. Smoothies
  6. Smoothies [non-alcoholic fruit beverages]
  7. Smoothies [fruit beverages, fruit predominating]
  8. Fruit-based beverages
  9. Frozen fruit beverages
  10. Powders used in the preparation of fruit-based beverages
  11. Fruit squashes
  12. Fruit nectars
  13. Fruit nectars, non-alcoholic
  14. Non-alcoholic fruit extracts
  15. Frozen fruit drinks
  16. Mixed fruit juice
  17. Non-alcoholic fruit drinks
  18. Fruit flavoured soft drinks
  19. Syrups for making fruit-flavoured drinks
  20. Concentrates for making fruit juices
  21. Ice fruit beverages
  22. Soft drinks
  23. Vegetable drinks
  24. Energy drinks
  25. Cola drinks
  26. Isotonic drinks
  27. De-alcoholised drinks
  28. Energy drinks containing caffeine
  29. Low-calorie soft drinks
  30. Carbonated non-alcoholic drinks
  31. Part frozen slush drinks
  32. Fruit flavoured carbonated drinks
  33. Sports drinks containing electrolytes
  34. Isotonic non-alcoholic drinks
  35. Aloe vera drinks, non-alcoholic
  36. Syrups for making soft drinks
  37. Squashes [non-alcoholic beverages]
  38. Sorbets [beverages]
  39. Sherbets [beverages]
  40. Beverages containing vitamins
  41. Alcohol free beverages
  42. Effervescing beverages (powders for -)
  43. Powders for effervescing beverages
  44. Preparations for making beverages
  45. Beverages (whey -)
  46. Tonic water [non-medicated beverages]
  47. Pastilles for effervescing beverages
  48. Mineral water [beverages]
  49. Honey-based beverages (non-alcoholic -)
  50. Red ginseng juice beverages
  51. Smoked plum beverages
  52. Pineapple juice beverages
  53. Non-alcoholic beverages with tea flavour
  54. Tomato juice beverages
  55. Kvass [non-alcoholic beverages]
  56. Malt syrup for beverages
  57. Soya-based beverages, other than milk substitutes
  58. Grape juice beverages
  59. Orange juice beverages
  60. Apple juice beverages.
• The mark was filed in class 33 with following description of goods:
  
  1. Alcoholic beverages
  2. Alcoholic cordials
  3. Alcoholic extracts
  4. Alcoholic bitters
  5. Vodka
  6. Vodka mixtures
  7. Mixed alcoholic drinks containing vodka
  8. Alcoholic beverages containing vodka
  9. Alcoholic cordials containing vodka
  10. Alcoholic extracts containing vodka
  11. Alcoholic bitters containing vodka
  12. Cider
  13. Gin
  14. “Grappa” (GI) spirit drink
  15. “Porto / Port / vinho do Porto / Port Wine / vin de Porto / Oporto / Portvin / Portwein / Portwijn” (GI) wine
  16. Kirsch
  17. Arrack
  18. Brandy
  19. “Calvados” (GI) spirit drink and wine
  20. Cachaça
  21. Alcopops
  22. Arak
  23. Aperitifs
  24. Anisette
  25. Wine
  26. Red wine
  27. White wine
  28. Rum
  29. Sake
  30. Sangria
  31. Malt whisky
  32. “Jerez-Xérès-Sherry / Jerez / Xérès / Sherry” (GI) wine
  33. Schnapps
  34. Vermouth
  35. Cocktails
  36. Prepared wine cocktails
  37. Alcoholic cocktails in the form of chilled gelatines
  38. Raspberry cocktails (alcoholic beverages)
  39. Grapefruit cocktails (alcoholic beverages)
  40. Preparations for making alcoholic beverages
  41. Alcoholic energy drinks
  42. Alcoholic energy drinks containing vodka
  43. Alcoholic beverages containing fruit and milk.
• The mark was filed in class 34 with following description of goods:
  
  1. Personal vaporisers, and flavourings and solutions therefor
  2. Electronic cigarettes
  3. Electronic cigarettes for use as an alternative to traditional cigarettes.
• The mark was filed in class 35 with following description of goods:
  
  1. Advertising
  2. Business management
  3. Business administration
  4. Office functions
  5. Retail and online retail services in relation to the sale of chemical substances for preserving foodstuffs, chemical products for the preparation of flavourings, chemical liquids for the preparation of flavourings, chemical compositions for use in food and beverages, enzymes for use in flavourings, polysaccharides for use in flavouring, chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
  6. Unprocessed artificial resins, unprocessed plastics, manures, fire extinguishing compositions, tempering and soldering preparations, tanning substances, adhesives used in industry, chocolate flavourings, flavourings for chocolate walnut cakes, coffee flavourings, flavourings [not essential oils], flavourings and seasonings, flavourings for beverages, chocolate beverages with milk, flavourings for butter, flavourings for cakes, flavourings for cheesecake, flavourings for cheeses, flavourings for foods, flavourings for cola flavoured confectionary
  7. Flavourings for soups, flavourings made from fish, flavourings made from fruits, apple flavoured confectionary, pear flavoured confectionary, coconut confectionary, fruit jellies flavourings, flavourings made from lobsters, flavourings made from meat, flavourings made from pickles, flavourings made from poultry, flavourings made from shrimps, flavourings made from snails, flavouring of nuts, flavourings of almond, flavourings of lemons
  8. Lemon flavoured confectionary, flavourings of tea, iced tea, toasted tea cakes, food flavourings, fruit flavourings, except essences, natural flavourings for use in ices [other than etheric essences or essential oils], edible ices, powders for ice cream, ice lollies, sorbet, yoghurt ices, natural sweeteners, salts, seasonings, flavourings and condiments, custard, glucose for food, vanilla flavouring
  9. Vanillin (vanilla substitute), savoury food flavourings for animal foods [other than essential oils], savoury food flavourings for food [other than essential oils], fresh fruits and vegetables, ready-made meals containing fresh fruits and vegetables, organic fresh fruit and vegetables, ready-made meals containing organic fresh fruits and vegetables, raw vegetables, ready-made meals containing raw vegetables, salad vegetables, ready-made meals containing salad vegetables, root vegetables
  10. Ready made meals containing root vegetables, nuts and herbs, ready-made meals containing nuts and herbs, organic fresh herbs, ready-made meals containing organic fresh herbs, seeds, grains and agricultural, horticultural and forestry products, live animals, natural plants and flowers, foodstuffs for animals, malt, beers, mineral and aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices
  11. Syrups and other preparations for making beverages, smoothies, smoothies [non-alcoholic fruit beverages], smoothies [fruit beverages, fruit predominating], fruit-based beverages, frozen fruit beverages, powders used in the preparation of fruit-based beverages, fruit squashes, fruit nectars, fruit nectars, non-alcoholic, non-alcoholic fruit extracts
  12. Frozen fruit drinks, mixed fruit juice, non-alcoholic fruit drinks, fruit flavoured soft drinks, syrups for making fruit-flavoured drinks, concentrates for making fruit juices, ice fruit beverages, soft drinks, vegetable drinks, energy drinks, cola drinks, isotonic drinks, dealcoholized drinks, energy drinks containing caffeine, low-calorie soft drinks, carbonated non-alcoholic drinks, part frozen slush drinks, fruit flavoured carbonated drinks, sports drinks containing electrolytes
  13. Isotonic non-alcoholic drinks, aloe vera drinks, nonalcoholic, syrups for making soft drinks, squashes [non-alcoholic beverages], sorbets [beverages], sherbets [beverages], beverages containing vitamins, alcohol free beverages, effervescing beverages (powders for -), powders for effervescing beverages, preparations for making beverages, beverages (whey -), tonic water [non-medicated beverages]
  14. Pastilles for effervescing beverages, mineral water [beverages], honey based beverages (non-alcoholic -), red ginseng juice beverages, smoked plum beverages, pineapple juice beverages, non-alcoholic beverages with tea flavour, tomato juice beverages, kvass [non-alcoholic beverages], malt syrup for beverages, soya-based beverages, other than milk substitutes, grape juice beverages, orange juice beverages, apple juice beverages
  15. Alcoholic beverages, alcoholic cordials, alcoholic extracts, alcoholic bitters, vodka, vodka mixtures, mixed alcoholic drinks containing vodka, alcoholic beverages containing vodka, alcoholic cordials containing vodka, alcoholic extracts containing vodka, alcoholic bitters containing vodka, cider, gin, grappa, port, kirsch, arrack, brandy, calvados, cachaça, alcopops, arak, aperitifs, anisette, wine, red wine, white wine, rum, sake, sangria, malt whisky, sherry
  16. Schnapps, vermouth, cocktails, beer-based cocktails, prepared wine cocktails, non-alcoholic cocktails, alcoholic cocktails in the form of chilled gelatines, raspberry cocktails, grapefruit cocktails, preparations for making alcoholic beverages, alcoholic energy drinks, alcoholic energy drinks containing vodka, alcoholic beverages containing fruit and milk, flavourings for tobacco, personal vaporisers, and flavourings and solutions therefor
  17. Smokers' articles, electronic cigarettes, electronic cigarettes for use as an alternative to traditional cigarettes, pocket machines for rolling cigarettes, smoking pipes, electronic smoking pipes, smoking pipe cleaners, lighters for smokers, ashtrays for smokers, pipe stands [smokers requisites], racks for smokers’ pipes, matches.
• The mark was filed in class 42 with following description of goods:
  
  1. Scientific and technological services and research and design relating thereto
  2. Industrial analysis and research services
  3. Design and development of computer hardware and software
  4. Design services
  5. Design and development of e-liquid products.
• The mark was filed in class 43 with following description of goods:
  
  1. Cafeterias
  2. Wine tasting services (provision of beverages)
  3. Hospitality services [food and drink]
  4. Corporate hospitality (provision of food and drink)
  5. Night club services [provision of food]
  6. The provision of food-ordering services through an on-line computer network
  7. Consultancy services relating to food preparation
  8. Rental of food service equipment
  9. Provision of information relating to restaurants
  10. Temporary accommodation.