The trademark CONTE DRACULA was filed by SC ORIGINAL TRADE MARKS SRL, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on June 21, 2023, and received one opposition filed on September 19, 2023 by CARAMELOS CERDAN S.L. on Likelihood of confusion. the opponent was represented by Abellán Pérez, Almudena and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 19, 2023
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on May 12, 2024.
The Opposition with reference B 003203601 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 28 with following description of goods:
Automatic and coin operated amusement machines
Arcade video game machines
Archery products
Fishing plugs
Artificial snow for Christmas trees
Rope blockers [mountaineering equipment]
Baby gyms
Backgammon games
Bags designed specifically for holding skis
Ball-pitching machines
Balls for games
Exercise weights
Baseball gloves
Equipment for games, Namely baseball gloves, Cricket gloves
Bells for Christmas trees
Elasticated edges for billiard tables
Billiard balls
Marker tools for repositioning the cue ball on the billiard table
Billiard cues
Billiard cue tips
Billiard tables
Cards (bingo —)
Fishing tools, such as, Bite indicators, strike indicators
Fishing tools, such as, Shooting sensors, Bite sensors [fishing tackle]
Bladders of balls for games
Table-top games
Bob¬sleighs
Body-building apparatus/ Machines for body muscle training
Body boards
Bowling apparatus and Bowling machines
Bows for shooting
Boxing gloves
Building blocks [toys]
Building games
Nets (butterfly —)
Sporting goods, such as, Camouflage screens
Candle holders for Christmas trees
Caps for pistols [toys]
Masks [playthings]
Chalk for billiard cues
Chess games
Chessboards
Chest expander (exerciser), Chest expanders [exercisers], such as Exercise machines
Chips for gambling
Christmas trees of synthetic materials
Firecrackers with Christmas surprises (party novelties)
Holders for Christmas trees
Clay pigeon traps
Clay pigeons (targets)
Climbing harnesses
Coin operated pool tables
Confetti
Magic sets
Joysticks, for use in relation to the following goods: Video game consoles
Joysticks, for use in relation to the following goods: Toys
Counters [disks] for games
Fishing baskets [fishing traps]
Cricket bags
Dice cups
Darts
Decoys for hunting or fishing/ Hunting and fishing spinners
Dice
Sports disks
Divot repair tools [golf accessories], Golf accessories, such as: Tools for patching holes in lawns
Dolls
Dolls' feeding bottles
Dolls beds
Dolls' rooms
Doll costumes
Dolls' rooms
Dominoes
Cherckerboards
Draughts [games]
Drones [toys]
Dumb-bells
Edges of skis
Elbow pads (sporting articles)
Electronic targets
Amusements park rides
Fencing weapons
Fencing masks
Special gloves for fencing
Fish grips
Fishing tackles
Fishing lines
Swim fins, Flippers, such as Swimming gloves
Fishing tackle floats
Flying discs [toys]
Football tables
Games
Apparatus for games
Machines for games of fortune
Gloves for games
Golf clubs
Golfbags with or without wheels
Golf gloves
Golf trolleys/ Golf bag trolleys
Guts for rackets
Gut for fishing
Appliances for gymnastics
Gyroscopes and flight stabilisers for model airplane
Hang gliders
Harnesses for windsurfing sailboards
Crossbows (sporting equipment)
Hockey sticks
Horseshoe games
Hunting calls
Ice skates
Skates (in-line roller-)
Jigsaw puzzles
Joysticks for video games
Kaleidoscopes
Kite reels
Kites
Knee guards (sporting articles)
Landing nets for anglers
Mah‐jong
Marbles for games
Masks (entertainment goods)
Windsurfing boards with sails
Matryoshka dolls
Sports suspenders for men [sports articles]
Needles for pumps used to inflate balls
Sports nets
Novelty toys for parties
Novelty toys for making jokes
Ornamentation for Christmas trees, Other than for the following goods: installations, Jack stands and Confectionery
Pachinkos
Paddle boards
Sporting goods, such as, paintball pistols Paintball guns
Paintballs [ammunition for paintball guns] [sports items]
Paper party hats
Paragliders
Parlour games
Party confetti tubes [novelty items for parties]
Percussion caps (toys)
Machines for physical exercises
Piñatas
Party balloons
Bowling balls
Counters [discs] for games
Plush toys
Plush toys with attached comfort blanket
Poles for pole vaulting
Hand‐held games with liquid crystal displays
Portable games and toys with integrated telecommunication functions
Protective padding [parts of sportswear]
Protective films adapted for screens for portable games
Specially adapted pumps for use with toy balls
Punching bags
Marionettes, puppets
Quoits
Rackets, bats for games
Rattles [entertainment goods]
Fishing bobbins
Remote-controlled toy vehicles
Ropes for rhythmic gymnastics
Ring games
Rocking horses
Peach
Roller skates
Rollers for stationary training bikes
Rosin used by athletes
Roulette wheels
Windsurfing sailboards
Scale model vehicles
Scale model kits [toys]
Scented decoys for hunting or fishing
Scooters (Playthings)
Scratch cards for playing lottery games
Seal skins (coverings for skis)
Padded shin guards for use in sports
Shuttlecocks
Skate boards
Ski bindings
Skis
Skittles
Ninepins
Sling shots (sports articles)
Entertainment articles, such as: Slides
Sling shots (sports articles)
Automated gaming machines
Snowglobes
Snowboards
Snowshoes
Soap bubbles (toys)
Sole protectors for ski boots
Spinning tops (toys)
Spring boards (sports articles)
Starting blocks [for track sports]
Stationary exercise bicycles
Guts for rackets
Stuffed toys
Waterskis
Surfboard leashes
Sailboards
Pools (Swimming -) [play articles]
Swimming kick boards
Swimming belts
Swimming jackets
Floating inflatable mattresses, for use in relation to the following goods: pools
Swings
Table top tennis tables
Shooting targets
Teddy bears
Tennis nets
Tennis ball launchers
Theatrical masks
Toy zip guns
Toy air pistols
Toy mobiles (carousels) for cots
Toy cars
Model toys
Playhouses for children
Protective cups for sports
Golf bag tags
Skeleton sleds
Toy figures
Toy robots
Imitation toy cosmetics
Smart play dough toys
Toys made of modelling dough
Toys for pets
Toys
Trampolines
Tricycles for children [playthings]
Spinning sticks
Video game machines
Floats for bathing and swimming
Waterskies
Sporting goods, such as weightlifting straps
Bags especially designed for surfboards
Fidget sensory toy
Bowling balls for bowling
Workout weights
Glow-in-the-dark bracelets being party toys
Cone markers for sports
Clapping toys
Action figures figurines
Trading card games
Playing cards
Sandboxes for playgrounds
Exercise hoops incorporating measuring sensors
Adhesive abdominal training belts for electric muscle stimulation
External cooling fans for game consoles
Ball-jointed dolls (BJD)
Electrical muscle stimulation suits for sports.
The mark was filed in class 29 with following description of goods:
Preserved pepper paste
Almond milk-based beverages
Almonds, ground
Aloe vera prepared for human consumption
Apple purée
Preserved artichokes
Aubergine paste/ Aubergine paste
Bacon
Beans, preserved
Berries, preserved
Stock concentrates / bouillon concentrates
Butter
Butter cream
Candied nuts
Clams (not live)
Cocoa butter for food purposes
Coconut butter
Dessicated coconut
Coconut oil for food
Coconut milk
Coconut milk for culinary purposes
Coconut-milk-based beverages
Compotes
Condensed milk
Cranberry compote
Röstis
Crystallised fruits/ Crystallized fruits
Dates
Extra virgin olive oil
Fillets (fish- )
Fish, not alive
Fish, preserved
Preserved fish
Fish-based foodstuffs
Freeze-dried vegetables/ Freeze-dried vegetables
Fruit, preserved
Fruit jelly spreads
Fruit peel
Fruit chips
Fruit preserved in alcohol
Fruit-based snack food
Frozen fruits
Fruits, tinned (canned Am)
Preserved garlic
Gherkins
Ginger jam
Guacamole
Processed hazelnuts
Houmous
Edible insects, not live
Jams
Jellies for food
Preserved laver
Lemon juice for culinary purposes
Preserved lentils
Linseed oils for food
Low-fat potato crisps
Corn oil (for food)
Marmelade
Meat, preserved
Tinned meats
Milk beverages, milk predominating
Milk products
Milk and fruit beverages (milkshakes)
Mushrooms, preserved
Non-alcoholic eggnog
Edible oils
Olive oil for food
Olives, preserved
Onion rings
Preserved onions
Palm kernel oil for food
Palm oil for food
Peanut butter
Peanut milk for culinary purposes
Peanut milk
Peanut milk-based beverages
Peanuts, prepared
Peas, preserved
Pickles
Prepared pollen as food product
Chips (Potato-)
Potato flakes
Potato-based dumplings
Powdered milk
Pressed fruit paste
Raisins
Edible rapeseed oil
Rice milk
Rice milk for culinary purposes
Sauerkraut
Sausage casings, natural or artificial
Seaweed extracts for food
Seeds, prepared
Sesame oil [for food]
Preparations for soups
Preserved soybeans for food
Soya milk
Food oil made from soya beans
Soy patties / cakes
Edible sunflower oil
Sunflower seeds, prepared
Sweet corn, processed
Tahini
Tofu
Tofu patties / cakes
Tomato purée
Tomato juice forcooking
Tomato pulp
Truffles, preserved
Tuna, not live
Preparations for vegetable soups
Juices (vegetable) for cooking
Vegetarian salads
Vegetable-based mousses
Vegetable paste made from courgettes
Plant-based creams
Bottled vegetables
Vegetables, cooked
Vegetables, dried
Candied vegetables
Whipping cream
Yakitori
Tempeh
Satay
Processed legumes
Processed fruits
Ratatouille
Duck confit
Andouillettes
White pudding
Sauerkraut
Hash browns
Vegetable-based concentrate for cooking
Fruit-based concentrate for cooking
Agar-agar for culinary purposes
Shellfish, not live
Lactic acid drinks
Edible flowers, dried
Crystallised ginger
Ginger, preserved
Pickled ginger
Vegetable-based baby food
Verjuice, For culinary purposes.
The mark was filed in class 30 with following description of goods:
Agave syrup [natural sweetener]
Allspice
Marzipan
Almond confectionery
Aniseed
Apple sauce [condiment]
Aromatic preparations for food and beverages
Coffee substitutes
Baking powder
Baking soda [bicarbonate of soda for cooking purposes] / bicarbonate of soda for cooking purposes [baking soda]
Baozi [stuffed buns]
Barley meal
Savoury pancake mix
Bean meal
Brewed vinegar
Biscuits (cookies)
Bread
Rolls (bread-)
Breadcrumbs (crumb)
Buckwheat, processed
Buckwheat flour
Buns
Burritos
Cake powder
Cake batter / cake dough
Cake icing [frosting]
Cakes / sponge cakes
Crystallized rock sugar
Candy decorations for cakes
Capers
Toffees (sweets)/ Caramels [candy]
Celery salt
Preparations made from cereals
Cereal bars
Cereal-based snack food
Chamomile-based beverages
Chewing gum
Chewing gum for breath freshening
Chicory [coffee substitute]
Chips (cereals)
Chocolate
Chocolate beverages made with milk
Chocolate mousses
Cake decorations made of chocolate
Chocolate hazelnut spreads
Drinking chocolate
Chocolate-based spread
Chocolate-coated nuts
Chow-chow (condiment)
Chutneys (condiments)
Cinnamon (spice)
Cloves (spice)
Cocoa
Cocoa beverages with milk
Cocoa-based beverages
Coffee flavourings
Coffee
Coffeebeverages with milk
Coffee-based beverages
Condiments
Confectionaries for decorating Christmas trees
Confectionery goods / sugar confectionery goods
Salt for cooking
Corn flakes
Corn flour / unrefined corn flour
Corn, milled
Baked corn
Couscous [semolina]
Dry and salt crackers
Cranberry sauces (condiments)
Cream of tartar, Culinary purposes
Croûtons
Crushed barley
Crushed oats
Curry (spice)
Cream made from eggs and milk
Foam confectionery
Salad dressings
Dulce de leche (milk creams)
Essences for food stuff except etheric essences and essential oils
Flavourings, other than essential oils, for cakes, pastries
Beverages (flavorings, other than essential oils, for)
Flour-based dumplings
Flowers or leaves used as tea substitutes
Fondants (confectionery)
Food flavourings, other than essential oils
Freeze-dried dishes with rice as the main ingredient / lyophilised dishes with rice as the main ingredient
Freeze-dried dishes with pasta as the main ingredient / lyophilised dishes with pasta as the main ingredient