The trademark DESIDERIO was filed by DESIDERIO S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on July 20, 2023, and received one opposition filed on September 7, 2023 by Desiderio S.r.l.s. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Massimiani, Andrea
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 February 8, 2024.
The Opposition with reference B 003203082 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 4, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 33 with following description of goods:
Wine
Sparkling wines
Natural sparkling wines
Sparkling red wines
Sparkling white wines
Beverages containing wine [spritzers]
Wine-based aperitifs
Fortified wines
Sparkling wines
Alcoholic wines
Fortified wines
Strawberry wine
Sparkling fruit wine
Fruit wine
Sweet wines
Bitters
Bitters
Alcoholic aperitif bitters
Aperitifs
Still wine
Dessert wines
White wine
Red wine
Cocktails
Prepared alcoholic cocktails
Gin
Rum
Vodka
Whisky
Alcoholic essences
Alcoholic extracts
Extracts of spiritous liquors
Distilled beverages
Spirits [beverages]
Spirits [beverages].
The mark was filed in class 35 with following description of goods:
Business consulting
Business assistance, management and administrative services
Advertising, marketing and promotional services
Management advice
Business planning services
Professional business consultancy
Business appraisals
Evaluation of business opportunities
Business research
Administration of business affairs
Business management
Business information
The bringing together of the following services, for the benefit of others, enabling customers to conveniently compare and purchase these services: Consultancy for the promotion, information and management of online sale and web portals
The bringing together of the following services, for the benefit of others, enabling customers to conveniently compare and purchase these services: Consultancy for sales promotion, information and management
The bringing together, for the benefit of others, of a variety of consultancy services for sales promotion, information and management aimed at professional clients
Retail services and mail order retail in relation to the following goods: Foodstuffs
Mail order wholesaling and retailing in relation to the following goods: Foodstuffs
Online retail services and mail order retail in relation to the following goods: Foodstuffs
Wholesale services in relation to preparations for making alcoholic beverages
Retail services relating to alcoholic beverages
Retail services in relation to alcoholic beverages (except beer)
Wholesale services in relation to alcoholic beverages (except beer)
Mail order retail services related to alcoholic beverages (except beer)
Business consulting services in the agriculture field
Retail services in relation to preparations for making alcoholic beverages.
The mark was filed in class 42 with following description of goods:
Consultancy in the food and wine sector
Wine expertise
Testing, authentication and quality control
Scientific technological services
Design services
Technological consultancy
Consultancy services relating to technological research
Advisory services relating to science
Advisory services relating to science
Technological advisory services relating to machine engineering analysis
Food sanitation consultation
Professional advisory services relating to food technology
Testing of foodstuffs
Technical consultancy in the field of environmental science
Agrochemical research services
Biological development services
Industrial analysis and research services in the field of chemistry.
The mark was filed in class 44 with Viticulture services and Consultancy in the field of viticulture..