CIPRIANI case: are drinks in Class 32 and bar and restaurant services in Class 43 similar?
In Altunis-Trading, Gestão e Serviços Lda v European Union Intellectual Property Office (EUIPO) (Case T-438/16), Hotel Cipriani, an elite luxury restaurant established in Venice, Italy, has successfully opposed the application for the EU trademark (EUTM) CIPRIANI in Class 32 (including beers, waters and other non-alcoholic drinks) on the basis of its earlier word mark HOTEL CIPRIANI, filed on April 1 1996 and designating services in Class 43 (hotels, hotel reservation, restaurants, cafeterias, public eating places, bars, catering, delivery of drinks and beverages for immediate consumption).
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