The trademark via dAlla spiga milano was filed by Roberta Maranzana, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on April 12, 2016, and received one opposition filed on June 29, 2016 by MARDI SRL U.S. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion.
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 002724519 was Reject opposition: opposition not admissible according to Rule 17(2) CTMIR with decision issued on March 26, 2018 by the EUIPO.
Goods And Services
The mark was filed in class 5 with Dietary supplements and dietetic preparations.
The mark was filed in class 14 with following description of goods:
Jewellery
Time instruments
Jewelry findings
Jewellery made of plastics
Jewellery made of semi-precious materials.
The mark was filed in class 16 with following description of goods:
Carrier bags
Plastic shopping bags
Bags of paper for roasting purposes
Paper shopping bags
Paper envelopes for packaging
Gift wrap paper
Biodegradable paper pulp-based to-go containers for food
Carrying cases made of paper
Plastic gift wrap
Gift packaging
Grocery paper
Paper for bags and sacks
Cardboard shipping containers
Food wrappers
Bottle envelopes of cardboard or paper
Gift wrap
Food wrapping plastic film
Sandwich bags
Paper wine gift bags
Paper lunch bags
Paper party bags
Paper gift bags
Bags of paper for foodstuffs
Gift bags
Bags [envelopes, pouches] of paper or plastics, for packaging
Industrial packaging containers of paper
Films for wrapping foodstuffs
Cardboard packaging boxes in made-up form
Paper gift boxes
Collapsible boxes of paper
Paperboard boxes [for industrial packaging]
Sandwich bags [paper]
Freezer bags
Plastic sandwich bags
General purpose plastic bags
Plastic oven cooking bags
Cardboard cake boxes
Fiberboard boxes
Gift cartons
Paperboard trays for packaging food
Paper take-out cartons for food
Collapsible cardboard boxes
Cardboard gift boxes
Paper cartons for delivering goods
Boxes of cardboard or paper
Cardboard boxes.
The mark was filed in class 21 with Cosmetic and toilet utensils and bathroom articles and Tableware, cookware and containers..
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Hats.
The mark was filed in class 29 with following description of goods:
Processed fruits, fungi and vegetables (including nuts and pulses)
Oils and fats
Fish, seafood and molluscs
Dairy products and dairy substitutes
Caesar salad
Dairy puddings
Broth [soup]
Potato sticks
Frozen appetizers consisting primarily of seafood
Frozen appetizers consisting primarily of chicken
Nut-based food bars
Snack foods based on nuts
Onion rings
Casseroles [food]
Snack foods based on vegetables
Bouillon
Fruit desserts
Stock cubes
Chicken croquettes
Croquettes
Consommes
Eggplant paste
Vegetable marrow paste
Chilled foods consisting predominately of fish
Chili con carne
Chile rellenos
Caponata
Meat boiled down in soy sauce (tsukudani meat)
Beef jerky
Corned beef hash
Canned pork and beans
Vegetable burgers
Soy burger patties
Antipasto salads
Chicken salad
Potato salad
Fish sausages
Potato-based gnocchi
Potato dumplings
Gumbo
Sugar-coated fruits on a stick
Potato fritters
Fritters
Mincemeat made from fruits
Extracts for soups
Artificial milk based desserts
Chilled dairy desserts
Yoghurt desserts
Dolmas
Falafel
Desserts made from milk products
Legume salads
Prepared salads
Stuffed cabbage rolls
Vegetable soup preparations
Prepared snails [escargot]
Stewed apples
Soup concentrates
Canned soups
Instant soup
Mixes for making broths
Mixes for making soup
Hazelnuts, prepared
Prepared walnuts
Spiced nuts
Roasted nuts
Salted nuts
Olives stuffed with red peppers
Omelets
Vegetable chips
Soup pastes
Cooked meals consisting principally of fish
Chilled meals made from fish
Pre-packaged dinners consisting primarily of seafood
Pre-packaged dinners consisting primarily of game
Prepared meals made from poultry [poultry predominating]
Prepared meals consisting substantially of seafood
Prepared meals consisting principally of game
Prepared meals consisting primarily of meat substitutes
Frozen prepared meals consisting principally of vegetables
Hash brown potatoes
Shepherd's pie
Potato chips
French fries
Soy chips
Frozen french fries
Yuca chips
Breaded and fried jalapeno peppers
Frozen cooked fish
Fish in olive oil
Fish with chips
Cooked meat dishes
Ready cooked meals consisting wholly or substantially wholly of meat
Ready cooked meals consisting wholly or substantially wholly of poultry
Ready cooked meals consisting wholly or substantially wholly of game
Vegetable-based entrees
Frozen pre-packaged entrees consisting primarily of seafood
Prepared meat dishes
Meatballs
Soup powders
Beef stew
Stews
Vegetable-based snack foods
Potato-based snack foods
Nut-based snack foods
Meat-based snack foods
Soya [prepared]
Fruit-based snack food
Soy-based snack foods
Snack foods based on legumes
Vegetarian sausages
Sausages in batter
Scotch eggs
Dairy-based dips
Dips
Banana chips
Rosti [fried grated potato cakes]
Rhubarb in syrup
Quenelles
Mashed potato
Preparations for making soup
Preparations for making bouillon
Pre-cooked soup
Chowder
Custard style yoghurts
Tzatziki.
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Ice, ice creams, frozen yogurts and sorbets
Baked goods, confectionery, chocolate and desserts
Salts, seasonings, flavourings and condiments
Prepared savory foodstuffs made from potato flour
Prepared foodstuffs in the form of sauces
Filled baguettes
Baozi [stuffed buns]
Flapjacks
Chocolate-based ready-to-eat food bars
Pizza bases
Pre-baked pizzas crusts
Onion biscuits
Rice biscuits
Soft pretzels
Brioches
Burritos
Calzones
Cheeseburgers [sandwiches]
Corn kernels being toasted
Tortilla chips
Pretzels
Rice crackers
Crackers flavoured with cheese
Pies
Banana fritters
Corn, roasted
Popcorn
Puffed cheese balls [corn snacks]
Green onion pancake [pajeon]
Frankfurter sandwiches
Sandwiches containing salad
Sandwiches containing minced beef
Ravioli
Quiches
Quesadillas
Canned pasta foods
Snack food products made from maize flour
Snack food products made from cereal starch
Snack food products made from rusk flour
Candy coated popcorn
Boxed lunches consisting of rice, with added meat, fish or vegetables
Pre-packaged lunches consisting primarily of rice, and also including meat, fish or vegetables
Caramel coated popcorn with candied nuts
Microwave popcorn
Flavoured popcorn
Frozen pizzas
Uncooked pizzas
Chilled pizzas
Preserved pizzas
Fresh pizza
Pizzas
Pizzas [prepared]
Prepared meals containing [principally] pasta
Dry and liquid ready-to-serve meals, mainly consisting of rice
Snack foods made from corn and in the form of rings
Snack foods made from corn
Snack foods made from wheat
Snack food products made from soya flour
Snack food products made from rice flour
Snack food products made from potato flour
Snack food products made from cereal flour
Cereal snack foods flavoured with cheese
Cereal-based snack food
Sausage rolls
Corn chips
Crisps made of cereals
Processed unpopped popcorn
Sandwiches
Hot sausage and ketchup in cut open bread rolls
Risotto
Stir-fried rice
Cheese curls [snacks]
Chinese steamed dumplings (shumai, cooked)
Ravioli [prepared]
Rice cakes
French toast
Canapes
Tabbouleh
Sushi
Cheese flavored puffed corn snacks
Snack foods made from corn and in the form of puffs
Snack foods prepared from maize
Canned spaghetti in tomato sauce
Spaghetti and meatballs
Snack foods consisting principally of bread
Sesame snacks
Snack food products consisting of cereal products
Puffed corn snacks
Snacks manufactured from muesli
Rice-based snack food
Tortilla snacks
Mincemeat pies
Poultry and game meat pies
Vegetable pies
Wonton chips
Millet cakes
Tortillas
Fresh pies
Salted tarts.
The mark was filed in class 32 with Beer and brewery products and Preparations for making beverages..
The mark was filed in class 41 with following description of goods:
Providing on-line publications
Publication of directories relating to travel
Publication of directories relating to tourism
Publication of catalogs
Publication of calendars of events
Publication of booklets
Publication of books
Publication of educational and training guides
Education, entertainment and sports
Publishing and reporting.
The mark was filed in class 43 with following description of goods:
Rental of furniture, linens and table settings
Providing temporary accommodation
Catering
Services for providing food and drink.
The mark was filed in class 45 with following description of goods:
On-line social networking services
Personal shopper services
Online social networking services accessible by means of downloadable mobile applications