The trademark BIOGARDENA was filed by NaturalCrop Poland spółka z ograniczoną odpowiedzialnością, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on February 23, 2020, and received one opposition filed on May 24, 2020 by Husqvarna AB on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Sipara Sweden AB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 24, 2020
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Manures
Chemical fertilizers
Inorganic fertilizers
Liquid fertilisers
Nitrogenous fertilizers
Phosphates [fertilisers]
Artificial manures
Organic fertilizers
Natural fertilizers
Complex fertilizer
Fertilizers for soil
Manures
Manures
Fertilizer compositions
Potassium fertilizers
Biofertilizers
Marine fertilizer
Mineral fertilising preparations
Hydroponic fertilizers
Salts [fertilisers]
Superphosphates [fertilizers]
Fertilizers, lawn fertilizers, grass fertilizers
Manures containing antioxidants
Calcined potassium fertilizer
Sawdust fertilizers
Manures
Manures
Nitrogen biofertilizers
Humus
Fertilizers for domestic use
Fish meal fertilizers
Chlorine-free fertilizers
Manures with added microorganisms
Fertilisers consisting of compounds of nitrogen
Chemically converted compound fertilizers
Manures for flowerpot plants
Manures
Leaf mold [fertilizer]
Garden feeds [fertilizers]
Manures for use on grass or grassland
Manures made from sea components
Fertilizers containing nitrogen and magnesium
Fertiliser for soil and potting soil
Fertilizers for agriculture made of seaweed
Multi-nutrient fertilizers
Artificial farmyard fertilizers
Biofertilizers for use in seed treatment
Biofertilizers for use in soil treatment
Compost, manures, fertilizers
Seaweed extracts for use as a fertilizer
Manures obtained by the treatment of refuse with earthworms
Controlled-release fertilizers for gardening
Chelated substances for use as fertilizers for plant foliage
Nutritional substances [fertilizers] in liquid form for use in agriculture
Fertilisers, and chemicals for use in agriculture, horticulture and forestry
Mixtures of chemicals and natural materials for use as horticultural fertilizers
Mixtures of chemicals and natural materials for use as agricultural fertilizers
Cultures of microorganisms, other than for medical and veterinary use
Growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry
Agricultural chemicals, except fungicides, herbicides, insecticides and parasiticides
Fertilising preparations
Chemicals for use in agriculture
Chemicals used in horticulture
Hormones for hastening the ripening of fruit and vegetables
Soil improving preparations
Top dressings [humus] for lawns
Top dressings for lawns
Loam
Humus top dressing
Soil for growing
Trace elements (Preparations of -) for plants
Cultures of microorganisms for industrial purposes
Seed preserving substances
Plant growth regulating preparations
Soil conditioning chemicals
Soil conditioning chemicals [other than sterilising]
Mineral fertilising preparations
Soil conditioning chemicals
Soil conditioning chemicals
Chemical preparations for stabilizing soil
Chemical preparations for soil treatment
Soil amendment agents [other than sterilising]
Substances for improving the soil
Soil amendments for horticultural use
Soil amendments for agricultural use
Soil conditioning preparations
Fertilising preparations
Soil improving preparations
Substances for improving the soil
Ameliorants for the soil
Soil improving preparations
Soil conditioners [other than sterilising]
Additives (Chemical -) for the soil
Substances for improving the soil
Soil conditioners for horticultural purposes
Soil conditioners for agricultural purposes
Soil conditioning preparations for enhancing the growth of horticultural products
Soil conditioning preparations for enhancing the growth of garden products
Soil conditioners for inoculation into the soil preparatory to the sowing of seeds [other than sterilising]
Anti-pathogen plant-protecting preparations.
The mark was filed in class 5 with following description of goods:
Weedicides
Vermicides
Parasiticides
Fungicides
Biological fungicides
Forestry (chemicals for -), [fungicides]
Insecticides
Insecticides for agricultural use
Forestry (chemicals for -), [insecticides]
Vermin destroying preparations
Ectoparasite repellents
Agricultural pesticides
Pesticides for horticultural use
Pesticides
Mediums (Bacteriological culture -)
Antiparasitic preparations from chemical sources
Antiparasitic preparations from plant sources
Antiparasitic preparations
Forestry (chemicals for -), [parasiticide]
Chemical preparations to treat wheat blight [smut]
Anticryptogamic preparations
Larvae exterminating preparations
Larvae inhibiting preparations
Larvicides
Soil-sterilising preparations
Agricultural biopesticides
Chemical preparations to treat wheat blight [smut]