The trademark Mediterranean ELIXIR was filed by MIGUEL CERDÁN TERUEL, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on December 7, 2021, and received one opposition filed on March 3, 2022 by TANY NATURE S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by A.A. MANZANO PATENTES & MARCAS, S.L.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003165221 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 8, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat
Fish, not live
Poultry, not live
Game, not live
Meat extracts
Vegetables, tinned
Fruit, preserved
Vegetables, dried
Dried fruit
Vegetables, cooked
Frozen vegetables
Frozen fruits
Processed legumes
Processed fruits, fungi and vegetables (including nuts and pulses)
Vegetable extracts for food
Prepared vegetable products
Vegetable extracts for cooking
Jellies for food
Marmalade
Compotes
Jams
Fruit and vegetable spreads
Edible oils and fats
Cheese
Eggs
Milk
Milk products.
The mark was filed in class 31 with following description of goods:
Forestry products
All the aforesaid goods other than those belonging to the botanical genera Latuca