The trademark TIA ROSA was filed by Grupo Bimbo, S.A.B. de C.V., a corporation established under the laws of the United Mexican States (the "Applicant"). The application was published for oppositions on September 22, 2015, and received one opposition filed on December 21, 2015 by Rubio Snacks, S.L. on Likelihood of confusion. the opponent was represented by ABRIL ABOGADOS
The application was filed in Spanish, and Spanish 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 August 23, 2016. Change of name and professional address of the trademark registration was recorded on October 7, 2020.
The Appeal with reference B R2739/2017-5 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on May 17, 2018 by the EUIPO. The Opposition with reference B 002628793 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on October 24, 2017 by the EUIPO. The null with reference B T-464/18 was Decision confirmed according to Article 8(1)(b) EUTMR with decision issued on September 16, 2019 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Baby food
Cod liver oil
Fish oil for medical purposes
Albuminous foodstuffs for medical purposes
Dietetic foods adapted for invalids
Food for medically restricted diets
Dietetic foods for use in clinical nutrition
Dietetic foods adapted for medical use
Food for diabetics
Antioxidants
Dietetic sugar for medical use
Dietary supplemental drinks
Vitamin drinks
Dietetic beverages adapted for medical purposes
Cereals prepared for use as invalids' foods
Flaxseed oil dietary supplements
Flaxseed dietary supplements
Health food supplements made principally of minerals
Health food supplements made principally of vitamins
Health food supplements for persons with special dietary requirements
Dietary supplements for infants
Food, dietary and nutritional supplements
Dietetic confectionery adapted for medical purposes
Diastase for medical purposes
Vitamin preparations in the nature of food supplements
Multi-vitamin preparations
Appetite stimulant preparations
Preparations for use as additives to food for human consumption [medicated]
Vitamin preparations
Bread products for diabetics
Nutraceuticals for use as a dietary supplement
By-products of the processing of cereals for dietetic or medical purposes
Sugar substitutes for diabetics
Mineral dietary supplements for humans
Wheat germ dietary supplements
Mineral food supplements
Vitamin supplements for use in renal dialysis
Herbal dietary supplements for persons special dietary requirements
Dietary supplements for humans
Medicated supplements for foodstuffs for animals
Nutritional supplements
Vitamin supplements
Vitamin and mineral supplements
Appetite suppressants for medical purposes
Dietetic substances for babies
Dietetic substances adapted for medical use
Asthmatic tea
Artificial tea [for medicinal use].
The mark was filed in class 29 with following description of goods:
Dulce de leche (cajeta)
Milk
Goat milk
Milk shakes
Milk beverages, milk predominating
Ferments (Milk -) for culinary purposes
Milk
Protein milk
Condensed milk
Soya milk [milk substitute]
Lecithin for culinary purposes
Kumys [kumyss] [milk beverage]
Milk products
Fermented milk
Ryazhenka [fermented baked milk]
Yoghurt
Fried fish
Prepared nuts
Peanut butter
Coated peanuts
Roasted peanuts
Meat extracts
Eggs
Edible oils and fats
Crayfish, not live
Coconut oil for food
Flaxseed oil for culinary purposes
Maize oil for food
Palm kernel oil for food
Palm oil for food
Sesame oil for food
Oils for food
Olives, preserved
Garlic [preserved]
Ajvar [preserved peppers]
Albumen for culinary purposes
Alginates for culinary purposes
Clams, not live
Ground almonds
Aloe vera prepared for human consumption
Anchovy, not live
Peas, preserved
Bacon
Lobsters, not live
Preparations for making bouillon
Stock
Animal marrow for food
Meat
Poultry, not live
Game
Pork
Preserved meat
Meat, tinned [canned (Am)]
Meat extracts
Fruit peel
Caviar
Onions, preserved
Sauerkraut
White of eggs
Coconut, desiccated
Isinglass for food
Colza oil for food
Cranberry sauce [compote]
Compotes
Broth concentrates
Jams
Whipped cream
Silkworm chrysalis, for human consumption
Croquettes
Crustaceans, not live
Curd
Rennet
Dates
Pickles
Fruit salads
Vegetable salads
Weed extracts for food
Fish fillets
Canned fruits
Crystallized fruits
Fruit preserved in alcohol
Preserved fruits
Fruit, stewed
Shrimps, not live
Gelatine
Meat jellies
Sunflower oil for food
Soya beans, preserved, for food
Lard
Coconut oil and fat [for food]
Fat-containing mixtures for bread slices
Fatty substances for the manufacture of edible fats
Edible fats
Beans, preserved
Fish meal for human consumption
Liver
Bone oil, edible
Fish roe, prepared
Snail eggs for consumption
Powdered eggs
Hummus [chickpea paste]
Jellies
Fruit jellies
Ham
Vegetable juices for cooking
Kephir [milk beverage]
Kimchi [fermented vegetable dish]
Spiny lobsters, not live
Prawns, not live
Lentils, preserved
Cocoa butter
Butter
Buttercream
Peanut butter
Coconut butter
Margarine
Shellfish, not live
Mussels, not live
Ginger jam
Marmalade
Black pudding
Mousses (Fish -)
Mousses (Vegetable -)
Cream [dairy products]
Edible birds' nests
Olive oil for food
Oysters, not live
Raisins
Tahini [sesame seed paste]
Liver pâté
Pectin for culinary purposes
Gherkins
Sea-cucumbers, not live
Fish
Fish, preserved
Salted fish
Canned fish
Piccalilli
Foods made from fish
Non-alcoholic eggnog
Charcuterie
Fruit pulp
Apple purée
Tomato purée
Cheese products
Fruit-based snack food
Salted meats
Sausages
Sausages in batter
Suet for food
Sunflower seeds, prepared
Seeds, prepared
Mushrooms, preserved
Smetana [sour cream]
Soup (Preparations for making -)
Soups
Whey
Tofu
Tomato juice for cooking
Tripe
Truffles, preserved
Cooked vegetables (except potatoes)
Preserved vegetables (except potatoes)
Dried vegetables (except potatoes)
Yolk of eggs
The aforesaid goods expressly not including any kind of product based on potato.
The mark was filed in class 30 with following description of goods:
Flour
Cereal preparations
Bread
Sandwiches
Toasted sandwiches
Ice cream sandwiches
Sandwiches containing fish
Sandwiches containing chicken
Sandwiches
Frankfurter sandwiches
Hamburgers contained in bread rolls
Toasted cheese sandwich
Wrap [sandwich]
Hot dog sandwiches
Cheeseburgers [sandwiches]
Toasted cheese sandwich with ham
Sandwich spread made from chocolate and nuts
Hamburgers contained in bread rolls
Hot dogs (prepared)
Snack food products consisting of cereal products
Quesadillas
Snack food products made from maize flour
Taco chips
Tacos
Spring rolls
Ready to eat savory snack foods made from maize meal formed by extrusion
Snack foods made from corn
Snack foods made from wheat
Sesame snacks
Crisps made of cereals
Puffed corn snacks
Filled baguettes
Sandwiches containing meat
Sandwiches containing fish
Prepared meals principally containing rice, and also including meat, fish or vegetables (except potatoes)
Prepared meals containing [principally] pasta
Pies [sweet or savoury]
Enchiladas
Crackers flavoured with spices
Pre-baked pizzas crusts
Flavoured popcorn
Chocolate-based ready-to-eat food bars
Pastries
Confectionery
Ices
Sugar
Honey
Golden syrup
Yeast
Baking powder
Salt
Mustard
Vinegar
Sauces (condiments)
Spices
Ice
Tea
Cocoa
Rice
Tapioca
Sago
Meat tenderizers, for household purposes
Gluten additives for culinary purposes
Marinades
Sea water for cooking
Peppers [seasonings]
Capers
Seaweed [condiment]
Farinaceous foods
Dressings for salad
Gruel, with a milk base, for food
Star aniseed
Aniseed
Aromatic preparations for food
Oat-based food
Crushed oats
Husked oats
Oatmeal
Saffron [seasoning]
Sugar
Candy
Palm sugar
Cereal bars
High-protein cereal bars
Stick liquorice [confectionery]
Cocoa-based beverages
Drinking chocolate
Tea-based beverages
Baking soda [bicarbonate of soda for baking purposes]
Rusks
Buns
Puddings
Cocoa
Cinnamon [spice]
Sweetmeats [candy]
Caramels
Barley (Crushed -)
Husked barley
Cereals
Beer vinegar
Chewing gum, not for medical purposes
Chocolate
Chow-chow [condiment]
Chutneys [condiments]
Cloves [spice]
Noodle-based prepared meals
Condiments
Oat flakes
Chips [cereal products]
Maize flakes
Fruit sauces
Whipped cream (Preparations for stiffening -)
Custard
Cream of tartar for culinary purposes
Turmeric
Curry [spice]
Couscous [semolina]
Sweetmeats
Sweeteners (Natural -)
Pies
Pasties
Essences for foodstuffs, except etheric essences and essential oils
Spaghetti
Ice cream (Binding agents for -)
Sausage binding materials
Thickening agents for cooking foodstuffs
Malt extract for food
Starch for food
Leaven
Ferments for pastes
Noodles
Vermicelli [noodles]
Wheat flour
Cookies
Petit-beurre biscuits
Crackers
Wheat germ for human consumption
Glucose for culinary purposes
Gluten prepared as foodstuff
Waffles
Fruit jellies [confectionery]
Groats for human food
Bean meal
Halvah
Cheeseburgers [sandwiches]
Flour
Ice cream
Ice, natural or artificial
Garden herbs, preserved [seasonings]
Hominy
Infusions, not medicinal
Royal jelly
Golden syrup
Ginger [spice]
Meat gravies
Catsup
Cocoa beverages with milk
Chocolate beverages with milk
Yeast
Linseed for culinary purposes [seasoning]
Macaroons [pastry]
Macaroni
Maize flour
Maize, milled
Maize, roasted
Malt biscuits
Malt for human consumption
Maltose
Peanut confectionery
Dough
Cake dough
Mayonnaise
Marzipan
Molasses for food
Peppermint sweets
Mint for confectionery
Honey
Mustard meal
Mousses (Chocolate -)
Mousses (Dessert -) [confectionery]
Muesli
Nutmeg
Bread
Unleavened bread
Gingerbread
Breadcrumbs
Bread rolls
Almond paste
Fondants
Soya bean paste [condiment]
Farinaceous food pastes
Cakes
Meat pies
Rice cakes
Petits fours [cakes]
Lozenges [confectionery]
Pesto [sauce]
Pepper
Allspice
Pizza
Baking powder
Powders for ice cream
Cake powder
Pralines
Ham glaze
Cake frosting [icing]
Confectionery for decorating Christmas trees
Pastries
Bee glue
Quiches
Ravioli
Rice-based snack food
Cereal-based snack food
Liquorice [confectionery]
Relishes
Spring rolls
Popcorn
Flavourings, other than essential oils, for beverages
Flavourings, other than essential oils, for cakes
Sago
Celery salt
Cooking salt
Salt for preserving foodstuffs
Soya sauce
Tomato sauce
Sauces [condiments]
Sauces for use with pasta
Sandwiches
Seasonings
Semolina
Hominy grits
Sherbets [ices]
Artificial coffee
Sushi
Tabbouleh
Tacos
Tapioca
Tapioca flour
Tarts
Tea
Iced tea
Tortillas
Pancakes
Vanilla flavourings for culinary purposes
Vanillin [vanilla substitute]
Vinegar
Yoghurt (Frozen -) [confectionery ices]
Wholemeal bread
Multigrain bread
Sweetmeats [candy]
Caramel lollipops
The aforesaid goods expressly not including any kind of product based on potato.