The trademark GOLDSAND was filed by Alessio Tessieri, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on August 1, 2021, and received one opposition filed on October 17, 2021 by Aldi GmbH & Co. KG on Likelihood of confusion. the opponent was represented by SCHMIDT, VON DER OSTEN & HUBER RECHTSANWÄLTE STEUERBERATER PARTNERSCHAFT MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 17, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 30 with following description of goods:
Foods with a cocoa base
Foodstuffs containing cocoa [as the main constituent]
Cocoa-based beverages
Cocoa beverages with milk
Cocoa beverages with milk
Cocoa-based beverages
Cocoa-based beverages
Drinks in powder form containing cocoa
Cocoa-based beverages
Prepared cocoa and cocoa-based beverages
Cocoa
Cocoa powder
Instant cocoa powder
Cocoa for use in making beverages
Cocoa [roasted, powdered, granulated, or in drinks]
Coffee, teas and cocoa and substitutes therefor
Cocoa based creams in the form of spreads
Extracts of cocoa for use as flavours in beverages
Extracts of cocoa for use as flavours in foodstuffs
Cocoa extracts for human consumption
Cocoa-based ingredients for confectionery products
Cocoa mixes
Drinking cocoa paste
Cocoa products
Cocoa preparations for use in making beverages
Preparations for making beverages [cocoa based]
Preparations based on cocoa
Cocoa products
Powdered preparations containing cocoa for use in making beverages
Chocolate-based spreads
Chocolate topping
Chocolates
Chocolate pralines
Chocolate
Chocolate and substitutes
Chocolate-based spreads
Creams based on cocoa
Chocolate topping
Chocolate creams
Filled chocolate
Chocolate syrup
Chocolate bars
Chocolate eggs
Chocolate candies
Chocolate coated fruits
Biscuits having a chocolate coating
Chocolate tarts
Chocolate drink preparations
Chocolate powder
Chocolate waffles
Ice creams containing chocolate
Chocolate candies
Chocolate-based desserts
Flakes (sprinkles) of chocolate
Chocolate extracts
Cocoa-based preparations and mixtures
Spreads with added extracts, active ingredients, polyphenols derived from plants, cocoa, dried fruit, herbs and spices
Dark, white and milk chocolate, with added extracts, active ingredients, polyphenols derived from plants, cocoa, dried fruit, herbs and spices
Sugar-free, lactose-free, gluten-free chocolate
Sugar-free, lactose-free, gluten-free dried fruit and oilseed spreads
Vegan products based on cocoa, dried fruit and oilseeds.