The trademark Gaston was filed by MONFIS, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on February 1, 2016, and received three oppositions.
There are three Oppositions claimed against trademark.
The first opposition filed on April 29, 2016 by GASTON, s.r.o. on Likelihood of confusion. and its proceedings were handled in English The second opposition filed on April 28, 2016 by CKL Holdings N.V. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. and its proceedings were handled in English The third opposition filed on March 10, 2016 by Avicasal-Sociedade Avícola, S.A. on Likelihood of confusion. the opponent was represented by J. PEREIRA DA CRUZ, S.A. and its proceedings were handled in English
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 19, 2019.
The Opposition with reference B 002671041 was rejected according to Article 8(1)(b) CTMR with decision issued on April 28, 2017 by the EUIPO. The Opposition with reference B 002693599 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on July 12, 2017 by the EUIPO. The Opposition with reference B 002696576 was Reject opposition: opposition not admissible according to Article 8(1)(b) EUTMR with decision issued on August 4, 2016 by the EUIPO.
Goods And Services
The mark was filed in class 30 with following description of goods:
Coffee, teas and cocoa and substitutes therefor
Ice, ice creams, frozen yogurts and sorbets
Baked goods, confectionery, chocolate and desserts
Ice cream stick bars
Dairy ice cream
Ice cream with fruit
Ice creams flavoured with chocolate
Non-dairy ice cream
Ice cream desserts
Ice creams containing chocolate
Frozen dairy confections
Frozen yogurt confections
Ices and ice
Edible fruit ices
Fruit flavoured water ices in the form of lollipops
Frozen yogurt cakes
Ice cream gateaux
Ice milk [ice cream]
Ice beverages with a cocoa base
Ice milk bars
Ice beverages with a coffee base
Ice beverages with a chocolate base
Ice cream drinks
Ice lollies being milk flavoured
Ice lollies containing milk
Ice cream confectionery
Frozen confectionery containing ice cream
Ice confectionery in the form of lollipops
Confectionery in frozen form
Yoghurt based ice cream [ice cream predominating]
Sorbets [water ices]
Ice cream substitute
Soy-based ice cream substitute
Frozen confections on a stick
Frozen yogurt [confectionery ices].
The mark was filed in class 32 with following description of goods: