The trademark Val Do Galir was filed by Virgen del Galir, SLU, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on January 25, 2023, and received one opposition filed on April 19, 2023 by SPUMANTI VALDO S.R.L. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GIAMBROCONO & C. S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 19, 2023
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018652939 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on October 10, 2022 by the EUIPO. The Opposition with reference B 003194348 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 26, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 33 with following description of goods:
Baijiu [Chinese distilled alcoholic beverage]
Rice alcohol
Arrack [arak]
Alcoholic aperitif bitters
Wine-based aperitifs
Liquor-based aperitifs
Aperitifs with a distilled alcoholic liquor base
Aperitifs
Anisette [liqueur]
Amontillado
Anise [liqueur]
Bitters
Alcoholic extracts
Alcoholic essences
Alcoholic beverages (except beer)
Fruit extracts, alcoholic
Peppermint liqueurs
Rice alcohol
Absinthe
Brandy
Korean distilled spirits (soju)
Aguardiente [sugarcane spirits]
Schnapps
Piquette
Hydromel [mead]
Chinese spirit of sorghum (gaolian-jiou)
Wine coolers [drinks]
Distilled spirits of rice (awamori)
Alcoholic energy drinks
Rum-based beverages
Wine-based beverages
Alcoholic coffee-based beverage
Alcoholic tea-based beverage
Low alcoholic drinks
Low alcoholic drinks
Low alcoholic drinks
Alcoholic carbonated beverages, except beer
Alcoholic beverages containing fruit
Pre-mixed alcoholic beverages
Pre-mixed alcoholic beverages, other than beer-based
Alcopops
Alcoholic beverages (except beer)
Alcoholic beverages of fruit, Distilled beverages
Alcoholic energy drinks
Spirits [beverages]
Sorghum-based Chinese spirits
Potable spirits
Spirits and liquors
Japanese liquor flavored with Japanese plum extracts
Japanese liquor flavored with pine needle extracts
Japanese liquor containing herb extracts
Beverages containing wine [spritzers]
'Bourbon' (GI) whisky
Brandy
Cooking brandy
Cachaca
Cocktails
Cocktails
Alcoholic cocktails containing milk
Alcoholic cocktails in the form of chilled gelatins
Prepared alcoholic cocktails
Alcoholic fruit cocktail drinks
Prepared wine cocktails
Cream liqueurs
Curacao
Curacao
Curacao
Cherry brandy
Digesters [liqueurs and spirits]
Alcoholic essences
Spirits [beverages]
Alcoholic extracts
Extracts of spiritous liquors
Fruit extracts, alcoholic
Fruit extracts, alcoholic
Alcoholic jellies
Gin
Gin
'Grappa' (GI) grape marc spirit
Whisky
Hydromel [mead]
'Jerez' (GI) wine
Kirsch
Chinese white liquor (baiganr)
Japanese white liquor (shochu)
'Calvados' (GI) cider spirit
Chinese mixed liquor (wujiapie-jiou)
Hulless barley liquor
Ginseng liquor
Red ginseng liquor
Blackcurrant liqueur
Peppermint liqueurs
Japanese sweet rice-based mixed liquor (shiro-zake)