The trademark Frutaria. was filed by FRUTARIA INNOVATION, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on October 7, 2007, and received one opposition filed on January 7, 2008 by Lidl Stiftung & Co. KG on Likelihood of confusion. the opponent was represented by WEICKMANN & WEICKMANN PATENT- UND RECHTSANWÄLTE PARTMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 7, 2008
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
A total of undefined cancellation proceedings were initiated against the trademark registration in 2010.The first Cancellation was filed by Markus Schneider (represented by MICHALSKI HÜTTERMANN & PARTNER PATENTANWÄLTE MBB) on February 1, 2022 and Final decision – EUTM partially cancelled.The second Cancellation was filed by Markus Schneider (represented by MICHALSKI HÜTTERMANN & PARTNER PATENTANWÄLTE MBB) on July 2, 2023 and Appeal pending.The third Cancellation was filed by Michalski Hüttermann & Partner Patentanwälte mbB (represented by MICHALSKI HÜTTERMANN & PARTNER PATENTANWÄLTE MBB) on September 14, 2023 and Adversarial proceedings are ongoing.
The renewal of the trademark was recorded by the office on May 7, 2017.
A transfer of the trademark registration was recorded on April 20, 2016. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on June 18, 2017. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on February 10, 2022. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on February 27, 2022. Change of name and address of the trademark registration was recorded on June 19, 2022. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on September 18, 2023. Change of name and address of the trademark registration was recorded on October 25, 2023.
The Opposition with reference B 001270414 was rejected according to Article 8(1)(b) CTMR with decision issued on September 27, 2009 by the EUIPO. The Cancellation with reference B 000015002 was EUTM partially cancelled according to Article 58(1)(a) EUTMR with decision issued on December 18, 2018 by the EUIPO. The Cancellation with reference B 000053087 was Cancellation rejected according to Article 7(1)(b) CTMR with decision issued on May 3, 2023 by the EUIPO. The Appeal with reference B R0284/2019-1 was Trade mark partially revoked according to Article 18(1)(a) EUTMR with decision issued on October 7, 2019 by the EUIPO. The Appeal with reference B R1377/2023-2 was Trade mark declared partially invalid according to Article 7(1)(b) EUTMR with decision issued on July 16, 2024 by the EUIPO. The null with reference B T-12/20 was Decision confirmed according to Article 58(1)(a) EUTMR with decision issued on October 12, 2021 by the EUIPO.