The trademark Valensina was filed by Dittmeyer's-Valensina GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 17, 2020, and received one opposition filed on November 16, 2020 by Casa Ermelinda Freitas - Vinhos S.A. on Likelihood of confusion. the opponent was represented by GASTÃO DA CUNHA FERREIRA, LDA. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 16, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R0380/2022-2 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on February 5, 2023 by the EUIPO. The Opposition with reference B 003134978 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on February 16, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat, fish, not live, shellfish, poultry, game, charcuterie, ham, including the aforesaid goods in preserved form
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Vegetable and delicatessen salads (included in class 29)
Dried and prepared nuts and fruits
Soya beans, preserved, for food
Jellies for food
Jams
Compotes
Fruit spreads
Eggs
Milk and dairy products (included in class 29).
The mark was filed in class 30 with following description of goods:
Coffee
Tea
Cocoa
Sugar
Rice
Tapioca
Sago
Artificial coffee
Flour
Soya flour
Pasta
Bread
Pastry and confectionery (other than with a base of cereals)
Chocolate goods
Chocolates
Pralines filled with alcohol
Confections
Sweetmeats [candy]
Marzipan
Edible ices
Honey
Golden syrup
Yeast
Baking powder
Salt
Mustard
Vinegar
Sauces [condiments]
Spices
Ice for refreshment
Foodstuffs, included in class 30, manufactured using the aforesaid goods, including prepared and semi-prepared meals.
The mark was filed in class 31 with following description of goods:
Agricultural, horticultural and forestry products (included in class 31)
Live animals
Fresh fruits and vegetables
Seeds, live plants and flowers
Dried flowers and plants for decorative and craftwork purposes
Animal foodstuffs
Malt.
The mark was filed in class 32 with following description of goods:
Soft drinks
Mineral, table and spring waters
Juices
Fruit drinks
Syrups and other preparations for making non-alcoholic beverages
Non-alcoholic mixed drinks
Non-alcoholic beverages produced from fruit and vegetable juices, spices and sauces
Vegetable juices (including tomato juice)
Cocktails, non-alcoholic
Energy drinks
Sports drinks
Fruit flavored soft drinks
Lemonades
Cola drinks
Malt beer
Whey beverages
Smoothies
Non-alcoholic honey-based beverages
Grape must, unfermented.
The mark was filed in class 33 with Alcoholic beverages (except beers), with the exception of wines and sparkling wines.