The trademark VIVI VIVO was filed by GRANAROLO S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 17, 2017, and received one opposition filed on December 14, 2017 by EUROMADI IBERICA, S.A. on Likelihood of confusion. the opponent was represented by HERRERO & ASOCIADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 14, 2017
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 2, 2018.
The Appeal with reference B R1055/2019-4 was Opposition allowed according to Article 8(1)(b) EUTMR with decision issued on November 7, 2019 by the EUIPO. The Opposition with reference B 003009589 was rejected according to Article 8(1)(b) EUTMR with decision issued on April 7, 2019 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Lupin steak
Pieces of seitan with peas
Vegetable stock
Seitan-based burgers
Lupin tofu burgers
Millet burgers
Burgers and hamburgers of spelt and broccoli
Burgers and hamburgers of spelt and carrots
Burgers and hamburgers of quinoa and zucchini
Burgers and hamburgers of spinach
Lupin cutlets
Tofu cutlets
Tofu-based creams and condiments
Vegetable extracts for cooking
Falafel
Emmer and Vegetables
Tofu
Preserved, frozen, dried and cooked fruits and vegetables
Vegetable jellies
Vegetable fats for food
Hamburgers
Vegetable burgers
Soy burger patties
Tofu burger patties
Hummus [chickpea paste]
Hummus of lupin
Hummus (chickpea paste puréed and mixed with sesame paste)
Soya milk [milk substitute]
Lupins
Soup concentrates
Canned soups
Instant soup
Vegetable oils for food
Olives, [prepared]
Olives, preserved
Canned processed olives
Prepared dishes consisting primarily of fishcakes, vegetables, boiled eggs, and broth (oden)
Vegetarian ready meals
Meatballs
Meatballs based on olives and capers
Meatballs based on olives
Meatballs based on soya
Stews
Ragù made with seitan
Vegetarian sausages
Seitan
Lupin stew
Tempeh
Velouté sauces and Consommé
Toscana soup
Lupin sausage
Soya yoghurt
Pre-cooked soup.
The mark was filed in class 30 with following description of goods: