EUTM file information

018201022

Pink Kush

February 24, 2020

Trademark Summary

The trademark Pink Kush 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 March 2, 2020, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on June 2, 2020 by IP TRADEMARK HOLDINGS INC on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HGF LIMITED and its proceedings were handled in English The second opposition filed on June 1, 2020 by Apple and Pear Australia Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by NAUTADUTILH and its proceedings were handled in English

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 May 25, 2020.

The Appeal with reference B R1199/2020-4 was No decision on application according to Article 68 EUTMDR with decision issued on June 16, 2020 by the EUIPO. The Refusal with reference B 018201022 was Rejected according to Article 7(1)(b) EUTMR with decision issued on May 21, 2020 by the EUIPO.

Goods And Services

  • The mark was filed in class 32 with following description of goods:
    1. Beer
    2. Beer wort
    3. Imitation beer
    4. Shandy
    5. Beer-based cocktails
    6. Craft beers
    7. Flavored beers
    8. Non-alcoholic beer
    9. Non-alcoholic beer flavored beverages
    10. Beer-based beverages
    11. Coffee-flavored beer
    12. Beer and brewery products
    13. Malt beer
    14. Soft drinks
    15. Non-alcoholic preparations for making beverages
    16. Flavoured carbonated beverages
    17. Nut and soy based beverages
    18. Juices
    19. Waters
    20. Cocktails, non-alcoholic
    21. Fruit-based soft drinks flavored with tea
    22. Non-alcoholic beverages flavoured with coffee
    23. Non-alcoholic beverages flavoured with tea
    24. Non-alcoholic cocktail bases
    25. Non-alcoholic malt drinks
    26. Alcohol free wine
    27. Quinine water
    28. Energy drinks
    29. Guarana drinks
    30. Isotonic beverages
    31. Isotonic beverages [not for medical purposes]
    32. Energy drinks containing caffeine
    33. Carbohydrate drinks
    34. Nutritionally fortified beverages
    35. Vitamin fortified non-alcoholic beverages
    36. Protein drinks
    37. Beverages containing vitamins
    38. Sports drinks
    39. Smoothies.
  • The mark was filed in class 34 with following description of goods:
    1. Tobacco
    2. Flavourings for tobacco
    3. Loose, rolling and pipe tobacco
    4. Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
    5. Filter-tipped cigarettes
    6. Cigarettes containing tobacco substitutes
    7. Tobacco free cigarettes, other than for medical purposes
    8. Cigarettes
    9. Cigarettes containing tobacco substitutes, not for medical purposes
    10. Small cigars
    11. Cigars
    12. Cigars for use as an alternative to tobacco cigarettes
    13. Tobacco jars
    14. Tobacco filters
    15. Tobacco pouches
    16. Tobacco pipes
    17. Leaf tobacco
    18. Tobacco products
    19. Tobacco substitutes
    20. Tobacco tins
    21. Tobacco and tobacco substitutes
    22. Tobacco and tobacco products (including substitutes)
    23. Flavored tobacco
    24. Manufactured tobacco
    25. Smokeless tobacco
    26. Raw tobacco
    27. Electronic smoking pipes
    28. Snuff with tobacco
    29. Snus with tobacco
    30. Herbal molasses [tobacco substitutes]
    31. Absorbent paper for tobacco pipes
    32. Japanese shredded tobacco (kizami tobacco)
    33. Humidifiers for tobacco
    34. Roll-your-own tobacco
    35. Tobacco pipes of precious metal
    36. Snus without tobacco
    37. Snuff without tobacco
    38. Tobacco products for the purpose of being heated
    39. Absorbent paper for tobacco
    40. Tobacco pipes, not of precious metal
    41. Inhalers for use as an alternative to tobacco cigarettes
    42. Pipes for smoking mentholated tobacco substitutes
    43. Flavorings, other than essential oils, for tobacco substitutes
    44. Flavourings, other than essential oils, for tobacco
    45. Tobacco tar for use in electronic cigarettes
    46. Tobacco substitutes not for medical purposes
    47. Devices for heating tobacco substitutes for the purpose of inhalation
    48. Tea for smoking as a tobacco substitute
    49. Devices for heating tobacco for the purpose of inhalation
    50. Tobacco free oral nicotine pouches [not for medical use]
    51. Cigarette tobacco
    52. Cigarette filters
    53. Cigarette tubes
    54. Cigarette paper
    55. Cigarette holders
    56. Cigarette tips
    57. Books of cigarette papers
    58. Ashtrays
    59. Cigarette cutters
    60. Electronic cigarettes
    61. Cigarette cases
    62. Mouthpieces for cigarettes
    63. Cigarette cases made of precious metal
    64. Mouthpieces for cigarette holders
    65. Liquefied gas cylinders for cigarette lighters
    66. Cigarette lighters of precious metal
    67. Cigarette boxes of precious metal
    68. Ready-made cigarette tubes with filters
    69. Smokeless cigarette vaporizer pipes
    70. Refill cartridges for electronic cigarettes
    71. Holders for electronic cigarettes
    72. Electronic cigarette atomizers
    73. Electronic cigarette cleaners
    74. Smoking sets for electronic cigarettes
    75. Cartridges for electronic cigarettes
    76. Liquid solutions for use in electronic cigarettes
    77. Electronic cigarette cases
    78. Electronic cigarette boxes
    79. Cigarette cases not of precious metal
    80. Cigarette holders not of precious metal
    81. Cigarette lighters not for land vehicles
    82. Cigarette lighters, not of precious metal
    83. Hand held machines for injecting tobacco into paper tubes
    84. Flavourings, other than essential oils, for use in electronic cigarettes
    85. Cigarette lighter holders, not of precious metal
    86. Devices for extinguishing heated cigarettes, cigars and heated tobacco sticks
    87. Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
    88. Chemical flavorings in liquid form used to refill electronic cigarette cartridges
    89. Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
    90. Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
    91. Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
    92. Electronic cigarette liquid [e-liquid] comprised of propylene glycol
    93. Chewing tobacco
    94. Inhalable aerosols and carrier substances therefor, for use in water pipes
    95. Herbs for smoking
    96. Pipe tobacco
    97. Smoking tobacco
    98. Snuff
    99. Snus
    100. Substances for inhalation using water pipes, in particular aromatic substances
    101. Hookah tobacco.