EUTM file information



January 19, 2016

Trademark Summary

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.

Opposition Proceedings

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 AvĂ­cola, 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:
    1. Coffee, teas and cocoa and substitutes therefor
    2. Ice, ice creams, frozen yogurts and sorbets
    3. Baked goods, confectionery, chocolate and desserts
    4. Ice cream stick bars
    5. Ice confectionery
    6. Ice cream
    7. Dairy ice cream
    8. Ice cream with fruit
    9. Ice creams flavoured with chocolate
    10. Non-dairy ice cream
    11. Ice cream desserts
    12. Fruit ices
    13. Ice creams containing chocolate
    14. Flavored ices
    15. Frozen dairy confections
    16. Frozen yogurt confections
    17. Ices and ice
    18. Ices
    19. Edible fruit ices
    20. Fruit flavoured water ices in the form of lollipops
    21. Frozen yogurt cakes
    22. Ice cream gateaux
    23. Ice-cream cakes
    24. Ice milk [ice cream]
    25. Ice beverages with a cocoa base
    26. Ice milk bars
    27. Ice beverages with a coffee base
    28. Ice beverages with a chocolate base
    29. Ice cream drinks
    30. Ice lollies
    31. Ice lollies being milk flavoured
    32. Ice lollies containing milk
    33. Ice cream confectionery
    34. Frozen confectionery containing ice cream
    35. Ice confectionery in the form of lollipops
    36. Frozen lollipops
    37. Confectionery in frozen form
    38. Yoghurt based ice cream [ice cream predominating]
    39. Confectionery ices
    40. Water ice
    41. Sorbets [ices]
    42. Sorbets [water ices]
    43. Ice cream substitute
    44. Soy-based ice cream substitute
    45. Frozen confections on a stick
    46. Frozen yogurt [confectionery ices].
  • The mark was filed in class 32 with following description of goods:
    1. Juices
    2. Fruit juice for use as a beverages
    3. Mixed fruit juice
    4. Concentrated fruit juice
    5. Aerated fruit juices
    6. Fruit juice concentrates
    7. Fruit juice beverages
    8. Beverages consisting principally of fruit juices
    9. Flavoured carbonated beverages
    10. Waters
    11. Sherbets [beverages]
    12. Lemonades
    13. Bottled drinking water
    14. Aerated water [soda water]
    15. Carbonated mineral water
    16. Still water
    17. Waters [beverages]
    18. Flavoured waters
    19. Spring water
    20. Table waters
    21. Aerated water
    22. Mineral water [beverages]
    23. Flavoured mineral water
    24. Soda water
    25. Fruit-flavoured beverages
    26. Fruit drinks
    27. Fruit flavored soft drinks
    28. Aerated juices
    29. Iced fruit beverages
    30. Part frozen slush drinks
    31. Fruit-based beverages
    32. Smoothies.