001652775

SPAGHETTI Fabrik Seit 1999 Restaurant

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May 11, 2000

Trademark Summary

The trademark SPAGHETTI Fabrik Seit 1999 Restaurant was filed by Michel Jean Marc Segesdi, a national of the Swiss Confederation (the "Applicant") and Ulrich Stelling, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on January 7, 2001, and received one opposition filed on February 11, 2001 by SIGLA, S.A. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P.

The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).

The Opposition with reference B 000355174 was rejected according to Article 8(1)(b) CTMR with decision issued on February 16, 2003 by the EUIPO.

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Goods And Services

• The mark was filed in class 29 with following description of goods:
  
  1. Meat, fish, poultry and game
  2. Meat extracts
  3. Preserved, dried and cooked fruits and vegetables
  4. Jams and jellies
  5. Eggs, milk and milk products
  6. Edible oils and fats
  7. Salad dressings
  8. Preserves.
• The mark was filed in class 30 with following description of goods:
  
  1. Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee
  2. Flour and preparations made from cereals, bread, pastry and confectionery
  3. Edible ices
  4. Groceries
  5. Honey, treacle
  6. Yeast, baking-powder
  7. Salt
  8. Mustard
  9. Vinegar, sauces (except salad dressings)
  10. Spices
  11. Ice.
• The mark was filed in class 42 with Restaurant services and takeaway services.