The trademark EXIT was filed by MENS INVESTIMENTS S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 29, 2019, and received one opposition filed on June 24, 2019 by SERVIAREAS 2000, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by EUROKONZERN and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 24, 2019
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on November 17, 2019. Change of name and professional address of the trademark registration was recorded on May 6, 2020. Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on January 20, 2021.
The Opposition with reference B 003087190 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 12, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meats
Smoked meats
Frozen meat
Sliced meat
Fried meat
Fresh meat
Meat substitutes
Prepared meat dishes
Prepared meals consisting primarily of meat substitutes
Vegetable-based meat substitutes
Fish, not live
Dried fish
Frozen fish
Fish, preserved
Smoked fish
Processed fish
Cooked fish
Chowder
Fish croquettes
Fish sausages
Fish jellies
Frozen cooked fish
Fish fillets
Dishes of fish
Fish crackers
Fish stock
Fish sticks
Fish balls
Fish roe, prepared
Fish cakes
Fish in olive oil
Fish-based foodstuffs
Frozen meals consisting primarily of fish
Prepared meals consisting primarily of fish
Fish, seafood and molluscs spreads
Oysters [not live, for human consumption]
Caviar
Cut fruits
Fruit, stewed
Pickled fruits
Dried fruit
Frozen fruits
Crystallized fruits
Glazed fruits
Prepared fruits
Fermented fruits
Fruit, preserved
Fruit marmalade
Fruit pectin
Fruit pulp
Fruit salads
Fruit preserves
Fruit jellies
Fruit leathers
Arrangements of processed fruit
Fruit flavoured yoghurts
Milk drinks containing fruits
Fruit spreads
Processed fruits, fungi and vegetables (including nuts and pulses)
Jellies, jams, compotes, fruit and vegetable spreads
Fruit juices for cooking
Fruit-based snack food
Fruit desserts
Spreads consisting mainly of fruits
Processed legumes
Cut vegetables
Grilled vegetables
Pickled vegetables
Freeze-dried vegetables
Fermented vegetables
Vegetables, tinned
Salted vegetables
Pre-cut vegetables for salads
Snack foods based on legumes
Vegetable-based entrees
Prepared vegetable dishes
Marmalade
Fish, seafood and molluscs, not live
Frozen shellfish
Cheese
Ripened cheeses
Cream cheese
Cheese mixtures
Smoked cheese
Cheese substitutes
Ready grated cheese
Cheese spreads
Low fat cheese
Cheese-based snack foods
Fresh unripened cheeses
Smetana [sour cream]
Processed cheese
Cheese dips
Cheese fondue
Strained soft white cheeses
Cottage cheese preparations
Eggs
Processed eggs
Egg substitutes
Birds eggs and egg products
Milk
Organic milk
Milk substitutes
Flavoured milk beverages
Edible oils and fats
Oils for food
Extra virgin olive oil for food
Olive oil
Groundnut oil
Maize oil for food
Sunflower oil for food
Poultry
Prepared meals made from poultry [poultry predominating]
Ready cooked meals consisting wholly or substantially wholly of poultry
Frozen meals consisting primarily of poultry
Meat extracts
Game, not live
Prepared meals consisting principally of game
Ready cooked meals consisting wholly or substantially wholly of game
Pre-packaged dinners consisting primarily of game
Meat, preserved
Dried meat
Meat jellies
Ready cooked meals consisting wholly or substantially wholly of meat.
The mark was filed in class 30 with following description of goods:
Bread
Panettone
Wholemeal bread
Low-salt bread
Rusks
Filled bread rolls
Fresh bread
Pre-baked bread
Bread biscuits
Bread and buns
Gluten-free bread
Barm cakes
Flat bread
Mixes for the preparation of bread
Croƻtons
Malt bread
Steamed bread
Dough
Unleavened bread
Snack foods consisting principally of bread
Ready-to-bake dough products
Semi-baked bread
Crisp breads
Fruit breads
Bread flavoured with spices
Sponge cakes
Long-life pastry
Fresh pasties
Frozen pastries
Savory pastries
Pastry dough
Pastry mixes
Pastries containing creams
Pastries containing fruit
Tarts
Ice cream gateaux
Fresh pies
Vegan cakes
Cake mixes
Shortcrust pastry
Fresh pasta
Sour dough
Deep frozen pasta
Puff pastry
Pasta containing stuffings
Dried pasta
Dried and fresh pastas, noodles and dumplings
Pastries, cakes, tarts and biscuits (cookies)
Buns
Coffee
Decaffeinated coffee
Iced coffee
Flavoured coffee
Artificial coffee
Coffee beverages with milk
Coffee, teas and cocoa and substitutes therefor
Rice
Risotto
Rice salad
Rice tapioca
Prepared rice dishes
Rice based dishes
Rice-based snack food
Tapioca
Sago
Flour
Cereals
Processed grains
Cereal preparations
Snack food products consisting of cereal products
Cereal-based snack food
Preparations made from cereals
Cereal-based savoury snacks
Multigrain-based snack foods
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Breakfast cereals, porridge and grits
Ice cream
Confectionery ices
Ice, ice creams, frozen yogurts and sorbets
Frozen yoghurt [confectionery ices]
Edible ices
Sauces
Sauces [condiments]
Dressings for salad
Cooking sauces
Dressings for food
Yeast
Yeast and leavening agents
Yeast for use as an ingredient in foods
Mustard
Mustard meal
Mustard for food
Mustard preparations for food
Spices
Seasoning mixes
Salts, seasonings, flavourings and condiments
Chili oil for use as a seasoning or condiment
Vinegar
Wine vinegar
Fruit vinegar
Meat gravies
Sugar
Boiled sweets
Foamed sugar sweets
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Honey
Honey substitutes
Brown sugar
Castor sugar
Molasses for food
Treacle.
The mark was filed in class 32 with following description of goods:
Beer
Flavored beers
Craft beers
Beer and brewery products
IPA (Indian Pale Ale)
Soft drinks
Smoothies
Non-alcoholic flavored carbonated beverages
Non-alcoholic malt drinks
Low-calorie soft drinks
Juices
Organic fruit juice
Non-alcoholic beverages containing fruit juices
Non-alcoholic beverages flavoured with tea
Waters
Flavoured waters
Waters [beverages]
Flavoured mineral water
Table waters
Fruit flavoured waters
Syrups for making flavoured mineral waters
Syrups for lemonade
Syrups for beverages
Syrups for making soft drinks
Malt syrup for beverages
Syrups for making beverages
Syrups for making fruit-flavored drinks
Syrups and other non-alcoholic preparations for making beverages.
The mark was filed in class 33 with following description of goods:
Pre-mixed alcoholic beverages
Alcoholic carbonated beverages, except beer
Spirits [beverages]
Wine
Red wine
White wine
Mulled wines
Wine punch
Beverages containing wine [spritzers]
Wine-based aperitifs
Wine-based drinks
Cocktails
Alcoholic cocktail mixes
Prepared alcoholic cocktails
Bitters
Alcoholic aperitif bitters
Liqueurs
Spirits and liquors.
The mark was filed in class 35 with following description of goods:
Retail services relating to food
Retail services relating to delicatessen products
Retail services relating to alcoholic beverages
Retail services in relation to bakery products
On-line ordering services in the field of restaurant take-out and delivery
Mail order retail services related to foodstuffs
Retail services via catalogues related to foodstuffs
Retail services via global computer networks related to foodstuffs
Business management of hotels
Providing hotel rate comparison information
Retail services connected with the sale of subscription boxes containing food
Providing consumer product information relating to food or drink products.