The trademark GALE' was filed by IMMACOLATA DIMASTRODONATO, a national of the Italian Republic (the "Applicant"). The application was published for oppositions on July 28, 2024, and received one opposition filed on October 28, 2024 by Cengage Learning, Inc. on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Tierney, Niall and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 28, 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 33 with following description of goods:
Alcoholic beverages (except beer)
Alcoholic preparations for making beverages
Wine
Wine-based aperitifs
Fortified wines
Sparkling wines
White wine
Red wine
Sparkling red wines
Sparkling white wines
Rose wines
Liqueurs
Extracts of spiritous liquors
Bitters
Digestifs [liqueurs and spirits]
Spirits [beverages]
Distilled beverages.
The mark was filed in class 35 with following description of goods:
Commercial information services
Commercial information services relating to wine
Retail services relating to alcoholic beverages
Retail services in relation to preparations for making alcoholic beverages
Mail order retail services related to alcoholic beverages (except beer)
Retail services in relation to alcoholic beverages (except beer)
Mail order retail services related to non-alcoholic beverages
Retail services in relation to preparations for making beverages
Wholesale services in relation to preparations for making alcoholic beverages
Retail services via catalogues related to alcoholic beverages (except beer)
Retail services via catalogues related to non-alcoholic drinks
Unmanned retail store services relating to drink
Retail services in relation to non-alcoholic beverages
Retail services via global computer networks related to alcoholic beverages (except beer)
Wholesale services in relation to alcoholic beverages (except beer)
Alcoholic beverage procurement services for others [purchasing goods for other businesses]
Wholesale services in relation to preparations for making beverages
Retail services relating to food
Retail services via global computer networks related to foodstuffs
Retail services via global computer networks related to non-alcoholic beverages.