015017205

Gaston

---

January 18, 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 January 31, 2016, and received three oppositions.

Opposition Proceedings

There are three Oppositions claimed against trademark.

The first opposition filed on April 28, 2016 by GASTON, s.r.o. on Likelihood of confusion. and its proceedings were handled in English The second opposition filed on April 27, 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 9, 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 18, 2019.

The Opposition with reference B 002671041 was rejected according to Article 8(1)(b) CTMR with decision issued on April 27, 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 11, 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 3, 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.