The trademark DELAVIUDA was filed by DELAVIUDA CONFECTIONERY GROUP, S.L.U., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on March 9, 2020, and received one opposition filed on June 7, 2020 by Viuda de Cayo Sainz, S.L. on Likelihood of confusion. the opponent was represented by IPAMARK S.L.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on June 14, 2020. Change of name and professional address of the trademark registration was recorded on January 14, 2024. Change of name and professional address of the trademark registration was recorded on January 15, 2024.
The Opposition with reference B 003123444 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 23, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk and milk products
Edible oils and fats
Prepared nuts
Ground almonds
Ground almonds.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Edible ices
Sugar, honey, treacle
Yeast, baking-powder
Salt
Mustard
Vinegar, sauces (condiments)
Spices
Ice
Nougat
Marzipan
Nut nougat creams
Cakes of turrón
Panettone
Sugared almonds
Almond paste
Flavourings of almond
Almonds covered in chocolate
Almond confectionery.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Wholesaling and retailing in shops and via global computer networks of meat, fish, poultry and game
Retailing and wholesaling in shops or via global computer networks of meat extracts
Wholesaling and retailing in shops and via global computer networks of fruits and vegetables
Wholesaling and retailing in shops and via global computer networks of preserved, frozen, dried and cooked fruits and vegetables
Wholesaling and retailing in shops and via global computer networks of jellies, jams and compotes
Wholesaling and retailing in shops and via global computer networks of eggs
Wholesaling and retailing in shops and via global computer networks of milk and milk products
Wholesaling and retailing in shops and via global computer networks of edible oils and fats
Wholesaling and retailing in shops and via global computer networks of prepared nuts
Wholesaling and retailing in shops and via global computer networks of ground almonds
Wholesaling and retailing in shops and via global computer networks of prepared almonds
Wholesaling and retailing in shops and via global computer networks of coffee, tea, cocoa and artificial coffee
Wholesaling and retailing in shops and via global computer networks of rice
Wholesaling and retailing in shops and via global computer networks of tapioca and sago
Wholesaling and retailing in shops and via global computer networks of flour and preparations made from cereals
Wholesaling and retailing in shops and via global computer networks of bread, pastry and confectionery
Wholesaling and retailing in shops and via global computer networks of ices
Wholesaling and retailing in shops and via global computer networks of sugar, honey, treacle
Wholesaling and retailing in shops and via global computer networks of yeast, baking-powder
Wholesaling and retailing in shops and via global computer networks of salt
Wholesaling and retailing in shops and via global computer networks of mustard
Wholesaling and retailing in shops and via global computer networks of vinegar, sauces (condiments)
Wholesaling and retailing in shops and via global computer networks of spices
Wholesaling and retailing in shops and via global computer networks of ice
Wholesaling and retailing in shops and via global computer networks of turrón
Wholesaling and retailing in shops and via global computer networks of marzipan
Wholesaling and retailing in shops and via global computer networks of turrón cream
Wholesaling and retailing in shops and via global computer networks of cakes of turrón
Wholesaling and retailing in shops and via global computer networks of panettone
Wholesaling and retailing in shops and via global computer networks of sugared almonds
Wholesaling and retailing in shops and via global computer networks of almond paste
Wholesaling and retailing in shops and via global computer networks of almond flavourings
Wholesaling and retailing in shops and via global computer networks of chocolate-covered almonds
Wholesaling and retailing in shops and via global computer networks of almond confectionery.