The trademark CYAOW was filed by ANTONIO CUTOLO, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on July 23, 2024, and received one opposition filed on October 20, 2024 by CONCESIONES Y BEBIDAS CARBONICAS, S.A. - COBECSA on Likelihood of confusion. the opponent was represented by 1919 POLO PATENT and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 20, 2024
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 29 with following description of goods:
Fruit leathers
Crystallized fruits
Fruit, processed
Potato crisps
Potato crisps in the form of snack foods
Milk beverages with cocoa
Cocoa flavored milk beverages
Dried fruit
Candied nuts
Fruit, preserved
Fruit preserves
Fruit marmalade
Fruit-based concentrate for cooking
Fruit-based snack food
Canned sliced fruits.
The mark was filed in class 30 with following description of goods:
Muesli bars
Cereal based food bars
Cereal based energy bars
Confectionery bars
Chocolate-coated bars
Cereal bars
Liquorice [confectionery]
Stick liquorice [confectionery]
Rock [confectionery]
Biscuits
Petit-beurre biscuits
Hardtack [biscuits]
Biscuits having a chocolate coating
Cocoa
Cocoa powder
Instant cocoa powder
Prepared cocoa and cocoa-based beverages
Coffee
Sweets
Candy bars
Candy with cocoa
Crystallized rock sugar
Candy coated confections
Cinnamon [spice]
Caramels [candy]
Sweetmeats [candy]
Chocolate candies
Marshmallow confectionery
Peppermint sweets
Chewing candy
Sweets (candy), candy bars and chewing gum
Chewing gum for breath freshening
Lollipops
Ice confectionery in the form of lollipops
Marshmallows
Mints for breath freshening
Mint flavoured sweets (Non-medicated -)
Candy mints
Spices
Cinnamon powder [spice]
Seasoning mixes
Coffee capsules, filled
Waffles
Chocolate
Chocolate-based spreads
Chocolate bars
Aromatic preparations for food
Lollipops [confectionery]
Confectionery
Pretzels
Pastries
Peanut brittle
Confectionery for decorating Christmas trees
Chocolate decorations for christmas trees
Fruit jellies [confectionery]
Chewing gum
Infusions, not medicinal
Honey
Natural honey
Chocolate-coated nuts
Chocolate-coated hazelnuts
Almond paste
Frozen pastries
Bread biscuits
Croƻtons
Soft caramels
Gum sweets
Fruit cake snacks
Sweetmeats [candy] containing fruit
Pastries containing fruit
Sweet spreads [honey]
Chocolate creams
Cocoa based creams in the form of spreads
Chocolate decorations for cakes
Chamomile tea
Yerba mate
Herbal teas
Tea bags (Non-medicated -)
Chamomile-based beverages
Lime blossom tea
Sugar
Candy with caramel
Flavouring syrups
Topping syrup
Snack food products consisting of cereal products
Sandwiches
Cereal-based snack food
Snacks manufactured from muesli
Chocolate pastes
Chocolate topping
Pains au chocolat
Chocolate biscuits
Chocolate confectionery containing pralines
Filled chocolate
Chocolate bunnies
Chocolates
Liqueur chocolates
Chocolates in the form of pralines
Milk chocolates
Foamed sugar sweets
Sweetmeats [candy] being flavoured with fruit
Filled sweetmeats
Chocolate fudge
Sweeteners consisting of fruit concentrates
Chocolate drink preparations
Chocolate flavoured beverage making preparations
Preparations for making beverages [coffee based].
The mark was filed in class 32 with following description of goods:
Soft drinks
Energy drinks
Isotonic beverages
Bottled drinking water
Alcohol free wine
Energy drinks containing caffeine
Non-alcoholic beverages
Guarana drinks
Juices
Non-alcoholic fruit cocktails
Cocktails, non-alcoholic
Aperitifs, non-alcoholic
Non-alcoholic beverages flavoured with coffee
Syrups for beverages
Syrups for lemonade
Syrups for making beverages
Syrups for making non-alcoholic beverages
Concentrates for use in the preparation of soft drinks
Preparations for making non-alcoholic beverages.
The mark was filed in class 33 with following description of goods:
Spirits [beverages]
Alcoholic beverages (except beer)
Liqueurs
Digestifs [liqueurs and spirits]
Extracts of spiritous liquors
Sparkling wines
Sparkling white wines
Sparkling red wines
Wine
Alcoholic energy drinks
Cocktails
Aperitifs
Prepared alcoholic cocktails
Gin.
The mark was filed in class 34 with following description of goods:
Tobacco
Chewing tobacco
Cigarette tobacco
Flavored tobacco
Flavourings for tobacco
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Electronic cigarettes
Electronic cigarette atomizers
Electronic cigarette cartomizers
Cartridges for electronic cigarettes
Electronic cigarette cases
Liquid solutions for use in electronic cigarettes
Refill cartridges for electronic cigarettes
Holders for electronic cigarettes
Electronic cigarette boxes
Replaceable cartridges for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of propylene glycol
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Cigarette lighters
Lighters for smokers
Cigarette lighter holders
Wicks adapted for cigarette lighters
Cigar cutters
Oral vaporizers for smokers
Humidifiers for tobacco
Humidifiers for cigars
Tobacco containers and humidors
Ashtrays
Ashtrays for smokers made of non-precious metals
Ashtrays incorporating match lighters
Electronic rechargeable cigarette cases
Cigarette cases
Cigarettes
Cigarette paper.
The mark was filed in class 35 with following description of goods:
Retail services relating to candy
Retail services relating to food
Retail services in relation to smartphones
Retail services in relation to tobacco
Retail services in relation to foodstuffs
Administration of the business affairs of franchises
Administration of the business affairs of retail stores
Business management of retail outlets
Business management of wholesale and retail outlets.