015301691

Weingarten Eden

April 1, 2016

Trademark Summary

The trademark Weingarten Eden was filed by Null Viktoria Antrey handelnd unter Antrey communications Affairs, a national of the Republic of Austria (the "Applicant") and Julius Klein, a national of the Republic of Austria (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on September 1, 2016, and received one opposition filed on November 11, 2016 by Heirler Cenovis GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by MITSCHERLICH, PATENT- UND RECHTSANWÄLTE, PARTMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 11, 2016

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

A transfer of the trademark registration was recorded on November 27, 2017.

Goods And Services

• The mark was filed in class 33 with following description of goods:
  
  1. Alcoholic carbonated beverages, except beer
  2. Alcoholic cocktails in the form of chilled gelatins
  3. Baijiu [Chinese distilled alcoholic beverage]
  4. Preparations for making alcoholic beverages
  5. Alcoholic energy drinks
  6. Alcoholic extracts
  7. Alcoholic essences
  8. Alcoholic jellies
  9. Low-alcoholic wine
  10. Pre-mixed alcoholic beverages, other than beer-based
  11. Alcoholic beverages (except beer)
  12. Low alcoholic drinks
  13. Fortified wines
  14. Alcoholic beverages of fruit
  15. Alcoholic cocktails containing milk
  16. Alcoholic tea-based beverage
  17. Alcoholic coffee-based beverage
  18. Alcoholic egg nog
  19. Alcoholic fruit cocktail drinks
  20. Edible alcoholic beverages
  21. Nira [sugarcane-based alcoholic beverage]
  22. Prepared alcoholic cocktails
  23. Alcoholic aperitif bitters
  24. Mulled wines
  25. Alcoholic cocktail mixes
  26. Bitters
  27. Alcoholic beverages containing fruit
  28. Pre-mixed alcoholic beverages
  29. Alcoholic punches
  30. Fruit extracts, alcoholic
  31. Aperitifs with a distilled alcoholic liquor base.