EUTM file information

003129400

MILAN

April 9, 2003

Trademark Summary

The trademark MILAN was filed by Arne Eilandt, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 20, 2005, and received three oppositions.

Opposition Proceedings

There are three Oppositions claimed against trademark.

The first opposition filed on September 20, 2005 by NORDMILCH eG on Likelihood of confusion. the opponent was represented by BÜSING MÜFFELMANN & THEYE Rechtsanwälte in Partnerschaft mbB und Notare and its proceedings were handled in German The second opposition filed on September 20, 2005 by Cerealis - Produtos Alimentares, S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute, (c) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and its proceedings were handled in English The third opposition filed on September 15, 2005 by JOSE SANCHEZ PEÑATE, S.A. on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and its proceedings were handled in English

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

The renewal of the trademark was recorded by the office on April 3, 2013.

A transfer of the trademark registration was recorded on April 4, 2008. Change of name and professional address of the trademark registration was recorded on October 5, 2015. A transfer of the trademark registration was recorded on June 14, 2016. Change of name and professional address of the trademark registration was recorded on December 10, 2021.

The Opposition with reference B 000903668 was rejected according to Article 8(1)(b) CTMR with decision issued on March 26, 2009 by the EUIPO. The Opposition with reference B 000906646 was rejected according to Article 8(1)(b) CTMR with decision issued on September 14, 2010 by the EUIPO.

Goods And Services

  • The mark was filed in class 5 with following description of goods:
    1. Pharmaceutical, veterinary and sanitary preparations
    2. Stimulants, in particular sexual stimulants
    3. Vitamin preparations and vitamin products, energy preparations and energy products
    4. Dietetic substances adapted for medical use (other than made with milk), food supplements for medical purposes, dietetic substances not adapted for medical use, mainly consisting of vitamins, vitamin derivatives, enzymes, amino acids, amino acid derivatives, minerals and/or trace elements
    5. Food supplements not for medical purposes, mainly consisting of vitamins, vitmain derivatives, minerals and/or trace elements
    6. Disinfectants, fungicides, herbicides
    7. Bath salts and bath preparations for medical and therapeutic purposes, sweets for medical purposes, diabetic bread
    8. Beverages and dietetic beverages adapted for medical purposes (other than made with milk), by-products of the processing of cereals for medical purposes, mineral food supplements and mineral waters for medical purposes.
  • The mark was filed in class 29 with following description of goods:
    1. Dietetic substances not adapted for medical use, mainly consisting of vegetable proteins and/or fats
    2. Food supplements not adapted for medical purposes, mainly consisting of vegetable proteins and/or fats
    3. Stimulants, mainly consisting of vegetable proteins and/or fats
    4. Seaweed extracts and vegetable protein for food, meat and fish extracts for food, preserved fruits and vegetables.
  • The mark was filed in class 30 with following description of goods:
    1. Dietetic substances not adapted for medical use, mainly consisting of carbohydrates, roughage, sugar substitutes, herbs and/or spices
    2. Food supplements not for medical purposes, mainly consisting of carbohydrates, roughage, sugar substitutes, herbs and/or spices
    3. Sugar and sugar substitutes, artificial coffee, flour and preparations and products made from cereals (except foodstuffs for animals)
    4. Stimulants, mainly consisting of carbohydrates
    5. Bread and pastry
    6. Coffee based beverages
    7. Cereal flakes and preparations made from cereals, spices, seasonings and cloves
    8. Yeast in pill form, not for medicinal use
    9. Honey
    10. Coffee, artificial coffee, artificial coffee with a vegetable base, coffee flavourings, coffee beverages
    11. Non-medical herbal teas
    12. Ground and roasted corn, cornflakes, corn meal
    13. Malt for food, malt biscuits, malt extracts for food, corn sugar
    14. Flour and farinaceous products for food
    15. Muesli
    16. Treacle, soya flour, soy sauce
    17. Bread, pastries
    18. Glucose for food, sugar, confectionery for decorating christmas trees, confectionery, rusks.
  • The mark was filed in class 32 with following description of goods:
    1. Beers
    2. Mineral and aerated waters and other non-alcoholic drinks (except beverages containing milk and whey)
    3. Fruit drinks and fruit juices
    4. Syrups and other preparations for making beverages.
  • The mark was filed in class 33 with Alcoholic beverages (except beers and alcoholic milk drinks).
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