The trademark Jamaican Dream was filed by Shape Solutions GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 13, 2020, and received one opposition filed on March 11, 2020 by ROMERO TEROL, ANTONIO JOAQUIN on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 11, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on April 7, 2020. Appointment and Replacement of representative of the trademark registration was recorded on August 11, 2020.
The Opposition with reference B 003113959 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 25, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 32 with following description of goods:
Beer
Shandy
Beer-based cocktails
Craft beers
Non-alcoholic beer
Non-alcoholic beer flavored beverages
Flavored beers
Beer-based beverages
Malt beer
Beer and brewery products
Soft drinks
Non-alcoholic preparations for making beverages
Non-alcoholic fruit extracts used in the preparation of beverages
Powders for effervescing beverages
Pastilles for effervescing beverages
Essences for making beverages
Essences for making flavoured mineral water [not in the nature of essential oils]
Extracts for making beverages
Hop extracts for use in the preparation of beverages
Powders for the preparation of beverages
Preparations for making liqueurs
Powders used in the preparation of soft drinks
Syrups for beverages.
The mark was filed in class 34 with following description of goods:
Tobacco
Flavourings for tobacco
Loose, rolling and pipe tobacco
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Flavored tobacco
Inhalable aerosols and carrier substances therefor, for use in water pipes
Chewing tobacco
Herbs for smoking
Herbal molasses [tobacco substitutes]
Raw tobacco
Snuff without tobacco
Snus without tobacco
Pipe tobacco
Smokeless tobacco
Smoking tobacco
Snuff
Roll-your-own tobacco
Snus
Substances for inhalation using water pipes, in particular aromatic substances
Tobacco and tobacco substitutes
Tobacco jars
Tobacco filters
Tobacco products
Tobacco substitutes
Tobacco and tobacco products (including substitutes)
Manufactured tobacco
Electronic smoking pipes
Snuff with tobacco
Snus with tobacco
Humidifiers for tobacco
Tobacco pouches
Tobacco pipes of precious metal
Cigarettes containing tobacco substitutes
Tobacco products for the purpose of being heated
Cigarettes
Cigarette tobacco
Cigarette filters
Cigarette paper
Electronic cigarettes
Mouthpieces for cigarette holders
Smokeless cigarette vaporizer pipes
Refill cartridges for electronic cigarettes
Holders for electronic cigarettes
Electronic cigarette atomizers
Electronic cigarette cleaners
Smoking sets for electronic cigarettes
Cartridges for electronic cigarettes
Liquid solutions for use in electronic cigarettes
Electronic cigarette cases
Electronic cigarette boxes
Electronic cigarette cartomizers
Pocket machines for rolling cigarettes
Tobacco tar for use in electronic cigarettes
Tobacco free cigarettes, other than for medical purposes
Cigarette lighter holders, not of precious metal
Flavourings, other than essential oils, for use in electronic cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Cigars for use as an alternative to tobacco cigarettes
Inhalers for use as an alternative to tobacco cigarettes
Electronic cigarette liquid [e-liquid] comprised of propylene glycol
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor.