The trademark SPICE UP your Drink was filed by DROGHERIA E ALIMENTARI S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 5, 2021, and received one opposition filed on September 27, 2021 by Kotànyi Gesellschaft m.b.H. on Likelihood of confusion. the opponent was represented by Salomonowitz, Sascha and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 27, 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:
Spices for alcoholic beverages
Cinnamon [spice] for alcoholic beverages
Curry [spice] for alcoholic beverages
Seasoning mixes for alcoholic beverages
Relish [condiment] for alcoholic beverages
Chow-chow [condiment] for alcoholic beverages
Processed herbs (seasonings) for alcoholic beverages
Herbal flavourings for making beverages
Dried aromatic herbs for culinary purposes for alcoholic beverages
Processed herbs for alcoholic beverages
Condiments for alcoholic beverages
Peppers [seasonings] for alcoholic beverages
Garden herbs, preserved [seasonings] for alcoholic beverages
Rice
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Ice cream
Sugar, honey, treacle for alcoholic beverages
Yeast, baking-powder
Salt for alcoholic beverages
Ice (frozen water)
Minced garlic [condiment] for alcoholic beverages
Seaweed [condiment] for alcoholic beverages
Oat-based food
Seasonings for alcoholic beverages
Flavourings, other than essential oils for alcoholic beverages
Vanilla flavourings for alcoholic beverages
Flavourings, other than essential oils, for beverages
Cereal bars
Biscuits
Petit-beurre biscuits
Sweetmeats [candy]
Buns
Puddings
Eight-treasure rice pudding
Bulgur
Burritos
Capers
Caramels [candy]
Cheeseburgers [sandwiches]
Cloves [spice] for alcoholic beverages
Chocolate-based spreads
Aromatic preparations for alcoholic beverages
Pralines
Fruit coulis [sauces] for alcoholic beverages
Crackers
Custard for alcoholic beverages
Pancakes
Macaroons [pastry]
Croûtons
Turmeric for alcoholic beverages
Couscous [semolina]
Cakes
Hominy
Flour
Flowers or leaves for alcoholic beverages
Pies
Edible ices
Fruit jellies [confectionery]
Wheat germ for human consumption
Shaved ice with sweetened red beans
Buckwheat, processed
Corn, milled
Corn, roasted
Popcorn
Halvah
Dough
Spring rolls
Yeast powder
Leaven
Malt for human consumption
Chocolate mousses
Dessert mousses [confectionery]
Muesli
Chocolate-coated nuts
Nutmegs for alcoholic beverages
Crushed barley
Husked barley
Rusks
Breadcrumbs
Bread rolls
Hot dog sandwiches
Royal jelly
Rice pulp for culinary purposes
Soya bean paste [condiment]
Pasta
Petits fours [cakes]
Noodle-based prepared meals
Pâtés en croûte
Pepper for alcoholic beverages
Pizzas
Cake powder
Powders for making ice cream
Propolis
Quiches
Quinoa, processed
Cooking salt for alcoholic beverages
Celery salt for alcoholic beverages
Sandwiches
Treacle for alcoholic beverages
Linseed for culinary purposes [seasoning] for alcoholic beverages
Sesame seeds [seasonings] for alcoholic beverages
Processed seeds for use as a seasoning for alcoholic beverages
Crushed oats
Semolina
Cereal-based snack food
Rice-based snack food
Sherbets [ices]
Tacos
Tarts
Rice cakes
Tortillas
Frozen yoghurt [confectionery ices]
Saffron [seasoning] for alcoholic beverages
Ginger [spice] for alcoholic beverages
Candy
Palm sugar for alcoholic beverages
Meal enhancers for alcoholic beverages.
The mark was filed in class 35 with following description of goods:
Organisation of exhibitions and trade fairs for business and promotional purposes
Import-export agency services
Retailing and wholesaling, including online, of spices for alcoholic beverages, condiments for alcoholic beverages, flavourings, for alcoholic beverages, food and drinks
Consultancy in relation to opening franchises, in relation to the following fields: Food and beverages.