018906602

TIERRA GARAT

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July 26, 2023

Trademark Summary

The trademark TIERRA GARAT was filed by SABORMEX S.A.P.I. DE C.V., a corporation established under the laws of the United Mexican States (the "Applicant"). The application was published for oppositions on September 25, 2023, and received one opposition filed on November 26, 2023 by TIERRA BRANDS ESPAÑA S.L. on Likelihood of confusion. the opponent was represented by ROUSAUD COSTAS DURAN S.L.P.

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

Change of name and address of the trademark registration was recorded on September 6, 2023.

The Opposition with reference B 003207572 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 20, 2025 by the EUIPO. The Appeal with reference B R0293/2025-2 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on August 4, 2025 by the EUIPO.

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Goods And Services

• The mark was filed in class 21 with following description of goods:
  
  1. Household or kitchen utensils and containers
  2. Kitchen and table utensils
  3. Articles of glassware, porcelain and earthenware
  4. Cups, mugs, Decanters
  5. Disposable table plates
  6. Cups of paper or plastic
  7. Vacuum flasks for holding drinks
  8. Coffeepots, non-electric.
• The mark was filed in class 29 with following description of goods:
  
  1. Marmalade
  2. Jellies
  3. Jams
  4. Compotes.
• The mark was filed in class 30 with following description of goods:
  
  1. Coffee
  2. Ground coffee beans
  3. Roasted coffee beans
  4. Coffee beans
  5. Instant coffee
  6. Coffee derivatives, namely, Flavoured coffee
  7. Infusions, not medicinal
  8. Cocoa
  9. Chocolate
  10. Flour
  11. Bread
  12. Pastries
  13. Cakes
  14. Ice, Honey.
• The mark was filed in class 43 with following description of goods:
  
  1. Self-service cafeteria services
  2. Café services
  3. Café services
  4. Services for providing food and drink
  5. Food and drink catering
  6. Cafeteria services providing the following goods: Alcohol-free drinks, specifically, Hot and cold coffee beverages, frappes, Tea, Ice tea, Water and Aired water
  7. Cafeteria services providing the following goods: Foodstuffs, specifically, Bread, Baguettes, Ciabatta bread, Cakes, Sandwiches for food, Biscuits, biscuit products, Peanuts, cashew nuts, cranberries, Chocolate and Nuts.