The trademark OWL COCKTAIL was filed by Owl Cocktail S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on June 12, 2023, and received one opposition filed on September 5, 2023 by SPI Group S.à.r.l. on Likelihood of confusion. the opponent was represented by MAYR KOTSCH Patentanwalt Rechtsanwältin Partnerschaftsgesellschaft mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 5, 2023
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 32 with following description of goods:
Cocktails, non-alcoholic
Non-alcoholic cocktail bases
Cocktails, non-alcoholic
Non-alcoholic fruit cocktails
Aperitifs, non-alcoholic
Non-alcoholic beverages
Non-alcoholic beverages
Guarana drinks
Non-carbonated soft drinks
Non-alcoholic fruit drinks
Non-alcoholic flavored carbonated beverages
Non-alcoholic beer flavored beverages
Non-alcoholic beverages flavoured with coffee
Fruit flavored soft drinks
Smoothies
Non-alcoholic fruit extracts used in the preparation of beverages
Beers
Mineral and aerated waters
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages
Non-alcoholic bitters
Alcohol free wine.
The mark was filed in class 33 with following description of goods:
Prepared alcoholic cocktails
Cocktails
Alcoholic cocktail mixes
Alcoholic fruit cocktail drinks
Alcoholic cocktails in the form of chilled gelatins
Distilled beverages
Spirits [beverages]
Pre-mixed alcoholic beverages
Alcopops
Alcoholic beverages (except beers)
Alcoholic beverages (except beers)
Alcoholic beverages (except beer)
Fruit (alcoholic beverages containing -)
Low alcoholic drinks
Potable spirits
Pre-mixed alcoholic beverages, other than beer-based
Liqueurs
Extracts of spiritous liquors
Digesters [liqueurs and spirits]
Bitters
Anise [liqueur]
Ginseng liquor
Digestifs [liqueurs and spirits]
Aperitifs with a distilled alcoholic liquor base
Coffee-based liqueurs
Alcoholic aperitif bitters
Bitters
Spirits [beverages]
Wine
Sparkling wines
Sparkling wines
Wine-based aperitifs.
The mark was filed in class 43 with following description of goods: