The trademark application Green Gelato was filed by Shape Solutions GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). Application refused.
The application was filed in German (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 10, 2020. Appointment and Replacement of representative of the trademark registration was recorded on August 11, 2020.
The Appeal with reference B R2157/2020-2 was Application rejected according to Article 7(1)(b) EUTMR with decision issued on July 4, 2021 by the EUIPO. The Refusal with reference B 018201054 was Rejected according to Article 7(1)(b) EUTMR with decision issued on September 29, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 32 with following description of goods:
Beer-based cocktails
Non-alcoholic beer
Flavored beers
Shandy
Imitation beer
Beer
Non-alcoholic beer flavored beverages
Coffee-flavored beer
Low alcohol beer
Bock beer
Craft beers
Beer-based beverages
Beers enriched with minerals
Malt beer
Soft drinks
Non-alcoholic preparations for making beverages
Beer and brewery products
Flavoured carbonated beverages
Nut and soy based beverages
Juices
Waters
Aloe vera drinks, non-alcoholic
Aperitifs, non-alcoholic
Cocktails, non-alcoholic
Non-alcoholic fruit punch
Non-carbonated soft drinks
Non-alcoholic beverages flavoured with tea
Non-alcoholic malt drinks
Non-alcoholic punch
Alcohol free wine
Quinine water
Energy drinks
Energy drinks [not for medical purposes]
Oat-based beverages [not being milk substitutes]
Guarana drinks
Isotonic beverages
Isotonic beverages [not for medical purposes]
Energy drinks containing caffeine
Carbohydrate drinks
Nutritionally fortified beverages
Vitamin fortified non-alcoholic beverages
Whey beverages
Beverages containing vitamins
Smoothies
Sherbets [beverages]
Sports drinks.
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
Japanese shredded tobacco (kizami tobacco)
Herbs for smoking
Herbal molasses [tobacco substitutes]
Raw tobacco
Snuff without tobacco
Snus without tobacco
Pipe tobacco
Pipes for smoking mentholated tobacco substitutes
Smokeless tobacco
Smoking tobacco
Snuff
Roll-your-own tobacco
Snus
Substances for inhalation using water pipes, in particular aromatic substances
Tobacco and tobacco substitutes
Cigarette tobacco
Hookah tobacco
Snus with tobacco
Snuff with tobacco
Tobacco free oral nicotine pouches [not for medical use]
Tobacco products
Tobacco substitutes not for medical purposes
Tobacco substitutes
Leaf tobacco
Tobacco jars
Tobacco filters
Tobacco pouches
Tobacco pipes
Tobacco tins
Absorbent paper for tobacco pipes
Tobacco and tobacco products (including substitutes)
Manufactured tobacco
Electronic smoking pipes
Tobacco pipes, not of precious metal
Absorbent paper for tobacco
Cigarettes containing tobacco substitutes
Tobacco products for the purpose of being heated
Tobacco pipes of precious metal
Humidifiers for tobacco
Inhalers for use as an alternative to tobacco cigarettes
Cigars for use as an alternative to tobacco cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Flavorings, other than essential oils, for tobacco substitutes
Mu'assel
Tobacco free cigarettes, other than for medical purposes
Tobacco tar for use in electronic cigarettes
Flavourings, other than essential oils, for tobacco
Devices for heating tobacco substitutes for the purpose of inhalation
Cases of precious metal for pipes
Tea for smoking as a tobacco substitute
Devices for heating tobacco for the purpose of inhalation
Cigarettes
Cigarette filters
Cigarette paper
Cigarette holders
Cigarette tips
Books of cigarette papers
Electronic cigarettes
Cigarette cases
Mouthpieces for cigarettes
Mouthpieces for cigarette holders
Cigarette cases made of precious metal
Cigarette lighters of precious metal
Cigarette lighter holders
Cigarette boxes of precious metal
Ready-made cigarette tubes with filters
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
Cigarette lighters not for land vehicles
Cigarette lighters, not of precious metal
Hand held machines for injecting tobacco into paper tubes
Flavourings, other than essential oils, for use in electronic cigarettes
Devices for extinguishing heated cigarettes, cigars and heated tobacco sticks
Cigarette lighter holders of precious metal
Pocket machines for rolling cigarettes
Electronic cigarette cartomizers
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.