The trademark MERMAID BAY was filed by Tesco Stores Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on December 12, 2012, and received one opposition filed on March 12, 2013 by COMAVICOLA COMMERCIALE AVICOLA S.p.A. on Likelihood of confusion. the opponent was represented by FIAMMENGHI - FIAMMENGHI S.R.L.
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 29, 2013. Change of name and professional address of the trademark registration was recorded on March 11, 2013. Change of name and professional address of the trademark registration was recorded on March 20, 2013. Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on January 15, 2014.
Goods And Services
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk and milk products
Edible oils and fats
Ajvar [preserved peppers]
Albumen for culinary purposes
Alginates for culinary purposes
Almonds, ground
Aloe vera prepared for human consumption
Anchovy
Animal marrow for food
Apple purée
Bacon
Beans, preserved
Blood sausage
Bone oil, edible
Bouillon
Bouillon concentrates
Bouillon (Preparations for making -)
Butter
Buttercream
Caviar
Charcuterie
Cheese
Chocolate nut butter
Clams [not live]
Coconut butter
Coconut, desiccated
Coconut fat
Coconut oil
Colza oil for food
Corn oil
Cranberry sauce [compote]
Crayfish, not live
Cream [dairy products]
Croquettes
Crustaceans, not live
Crystallized fruits
Curd
Dates
Edible birds' nests
Edible fats
Edible oils
Egg nog (Non-alcoholic -)
Eggs
Fat-containing mixtures for bread slices
Fatty substances for the manufacture of edible fats
Fermented vegetable foods [kimchi]
Ferments (Milk -) for culinary purposes
Fish fillets
Fish meal for human consumption
Fish, not live
Fish, preserved
Fish spawn (Processed -)
Fish, tinned [canned (Am)]
Flaxseed oil for culinary purposes
Foods prepared from fish
Frozen fruits
Fruit-based snack food
Fruit chips
Fruit jellies
Fruit peel
Fruit, preserved
Fruit preserved in alcohol
Fruit pulp
Fruit salads
Fruit, stewed
Fruits, tinned [canned (Am)]
Game, not live
Garlic (Preserved -)
Gelatine
Gherkins
Ginger jam
Ham
Herrings
Hummus [chickpea paste]
Isinglass for food
Jams
Jellies for food
Kephir [milk beverage]
Koumiss [kumiss] milk beverage
Lard for food
Lecithin for culinary purposes
Lentils, preserved
Liver
Liver pâté
Lobsters, not live
Low-fat potato chips
Margarine
Marmalade
Meat
Meat extracts
Meat jellies
Meat, preserved
Meat, tinned [canned (Am)]
Milk
Milk beverages, milk predominating
Milk products
Milk shakes
Mousses (Fish -)
Mousses (Vegetable -)
Mushrooms, preserved
Mussels, not live
Nuts, prepared
Olive oil for food
Olives, preserved
Onions, preserved
Oysters, not live
Palm kernel oil for food
Palm oil for food
Peanut butter
Peanuts, processed
Peas, preserved
Pectin for culinary purposes
Piccalilli
Pickles
Pollen prepared as foodstuff
Pork
Potato chips
Potato flakes
Potato fritters
Poultry, not live
Powdered eggs
Prawns, not live
Protein milk
Raisins
Rennet
Salmon
Salted fish
Salted meats
Sardines
Sauerkraut
Sausages
Sausages in batter
Sea-cucumbers, not live
Seeds (Processed -)
Seeds (Processed sunflower -)
Sesame oil
Shellfish, not live
Shrimps, not live
Silkworm chrysalis, for human consumption
Snail eggs for consumption
Soup (Preparations for making -)
Soups
Soya beans, preserved, for food
Soya milk [milk substitute]
Spiny lobsters, not live
Suet for food
Sunflower oil for food
Tahini [sesame seed paste]
Toasted laver
Tofu
Tomato juice for cooking
Tomato purée
Tripe
Truffles, preserved
Tuna fish
Vegetable juices for cooking
Vegetable salads
Vegetable soup preparations
Vegetables, cooked
Vegetables, dried
Vegetables, preserved
Vegetables, tinned [canned (Am)]
Weed extracts for food
Whey
Whipped cream
White of eggs
Yoghurt
Yolk of eggs
Seafood
Meat products
Sausages
Extracts of fruit and/or vegetables
Fruit preserves, vegetable preserves
Snack foods
Prepared meals
Dairy products
Yoghurt, frozen yoghurt
Edible protein derived from soya beans
Edible oils and edible fats
Nuts and nut butters
Pickles
Food spreads consisting wholly or principally of vegetables, meat, poultry, fish, seafoods or of edible fats
Soups and bouillons.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Ices
Sugar, honey, treacle
Yeast, baking-powder
Salt
Mustard
Vinegar, sauces (condiments)
Spices
Ice
Allspice
Almond confectionery
Almond paste
Aniseed
Aromatic preparations for food
Artificial coffee
Baking powder
Barley (Crushed -)
Barley meal
Bean meal
Bee glue
Beer vinegar
Bicarbonate of soda for cooking purposes [baking soda]
Binding agents for ice cream [edible ices]
Biscuits
Bread
Bread rolls
Breadcrumbs
Buns
Cake powder
Cakes
Candy
Capers
Caramels [candy]
Celery salt
Cereal-based snack food
Cereal preparations
Cheeseburgers [sandwiches]
Chewing gum
Chicory [coffee substitute]
Chips [cereal products]
Chocolate
Chocolate-based beverages
Chocolate beverages with milk
Chow-chow [condiment]
Chutneys [condiments]
Cinnamon [spice]
Cloves [spice]
Cocoa
Cocoa-based beverages
Cocoa beverages with milk
Cocoa products
Coffee
Coffee-based beverages
Coffee beverages with milk
Coffee flavorings [flavourings]
Coffee (Unroasted -)
Condiments
Confectionery
Confectionery for decorating Christmas trees
Cookies
Cooking salt
Coulis (Fruit -) [sauces]
Couscous [semolina]
Crackers
Cream of tartar for cooking purposes
Cream of tartar for culinary purposes
Curry [spice]
Custard
Dressings for salad
Edible ices
Essences for foodstuffs, except etheric essences and essential oils
Farinaceous foods
Ferments for pastes
Flavourings, other than essential oils
Flavourings, other than essential oils, for cakes
Flavourings, other than essential oils, for beverages
Flaxseed for human consumption
Flour
Flour-milling products
Fondants [confectionery]
Frosting [icing] (Cake -)
Garden herbs, preserved [seasonings]
Ginger [spice]
Gingerbread
Glucose for culinary purposes
Gluten additives for culinary purposes
Gluten prepared as foodstuff
Golden syrup
Groats for human food
Gruel, with a milk base, for food
Halvah
Ham glaze
High-protein cereal bars
Hominy
Hominy grits
Honey
Husked barley
Husked oats
Ice cream
Ice for refreshment
Ice, natural or artificial
Iced tea
Infusions, not medicinal
Jellies (Fruit -) [confectionery]
Ketchup [sauce]
Leaven
Liquorice [confectionery]
Macaroni
Macaroons [pastry]
Maize flakes
Maize flour
Maize, milled
Maize, roasted
Malt biscuits
Malt extract for food
Malt for human consumption
Maltose
Marinades
Marzipan
Mayonnaise
Meat gravies
Meat pies
Meat tenderizers, for household purposes
Mint for confectionery
Molasses for food
Mousses (Chocolate -)
Mousses (Dessert -) [confectionery]
Muesli
Mustard
Mustard meal
Noodle-based prepared meals
Nutmegs
Oat-based food
Oat flakes
Oatmeal
Oats (Crushed -)
Pancakes
Pasta
Paste (Soya bean -) [condiment]
Pasties
Pastilles [confectionery]
Pastries
Pastry
Peanut confectionery
Pepper
Peppermint sweets
Peppers [seasonings]
Pesto [sauce]
Petit-beurre biscuits
Petits fours [cakes]
Pies
Pizzas
Popcorn
Potato flour for food
Powders for ice cream
Pralines
Puddings
Quiches
Ravioli
Relish [condiment]
Ribbon vermicelli
Rice
Rice-based snack food
Rice cakes
Royal jelly
Rusks
Saffron [seasoning]
Sago
Salt for preserving foodstuffs
Sandwiches
Sauces [condiments]
Sausage binding materials
Sea water for cooking
Seasonings
Semolina
Sherbets [ices]
Soya flour
Soya sauce
Spaghetti
Spices
Spring rolls
Star aniseed
Starch for food
Stick liquorice [confectionery]
Sugar
Sushi
Sweeteners (Natural -)
Sweetmeats [candy]
Tabbouleh
Tacos
Tapioca
Tapioca flour for food
Tarts
Tea
Tea-based beverages
Thickening agents for cooking foodstuffs
Tomato sauce
Tortillas
Turmeric for food
Unleavened bread
Vanilla [flavoring] flavouring
Vanillin [vanilla substitute]
Vegetal preparations for use as coffee substitutes
Vermicelli [noodles]
Vinegar
Waffles
Weeds [condiment]
Wheat flour
Wheat germ for human consumption
Whipped cream (Preparations for stiffening -)
Yeast
Yoghurt (Frozen -) [confectionery ices]
Coffee essence and coffee extracts
Mixtures of coffee and chicory
Mixtures of coffee and chicory all for use as coffee substitutes
Tea extracts
Preparations made principally of cocoa, chocolate, chocolate products
Confectionery
Flour preparations made from cereals and/or rice and/or flour
Breakfast cereals
Pizzas
Pasta and pasta products
Bread
Biscuits
Cakes
Pastries
Ice cream and water ices and frozen confections
Honey, syrup and treacle and preparations consisting wholly or principally of sugar as substitutes for honey, sugar, treacle and molasses
Ketchup and sauces
Preparations for making sauces
Spices
Vinegar, chutney
Custard powder
Salad dressings
Snack foods
Prepared meals
Mousses and puddings.
The mark was filed in class 31 with following description of goods:
Grains and agricultural, horticultural and forestry products not included in other classes
Live animals
Fresh fruits and vegetables
Seeds
Natural plants and flowers
Foodstuffs for animals
Malt
Algae for human or animal consumption
Algarovilla for animal consumption
Almonds [fruits]
Aloe vera plants
Animal fattening preparations
Animal foodstuffs
Animal litter (Products for -)
Animals (Edible chews for -)
Aromatic sand for pets [litter]
Bagasses of cane [raw material]
Barley
Beans, fresh
Beet
Berries, fresh fruits
Beverages for pets
Bird food
Bran
Bran mash for animal consumption
Bred stock
Bulbs
Bushes
By-products of the processing of cereals, for animal consumption