The trademark application Bubba Kush 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 R2115/2020-2 was Application rejected according to Article 7(1)(b) EUTMR with decision issued on July 13, 2021 by the EUIPO. The Refusal with reference B 018202081 was Rejected according to Article 7(1)(b) EUTMR with decision issued on September 23, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 32 with following description of goods:
Beer
Imitation beer
Shandy
Beer-based cocktails
Craft beers
Saison beer
Flavored beers
Non-alcoholic beer
Non-alcoholic beer flavored beverages
Beer-based beverages
Barley wine [beer]
Low alcohol beer
Coffee-flavored beer
Lagers
Malt beer
Soft drinks
Non-alcoholic preparations for making beverages
Beer and brewery products
Flavoured carbonated beverages
Nut and soy based beverages
Juices
Waters
Cocktails, non-alcoholic
Aperitifs, non-alcoholic
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages flavoured with tea
Non-alcoholic malt drinks
Quinine water
Energy drinks [not for medical purposes]
Energy drinks
Guarana drinks
Isotonic beverages
Isotonic beverages [not for medical purposes]
Energy drinks containing caffeine
Carbohydrate drinks
Beverages containing vitamins
Sorbets in the nature of beverages
Sports drinks
Smoothies.
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]
Mu'assel
Raw tobacco
Snuff without tobacco
Snus without tobacco
Pipes for smoking mentholated tobacco substitutes
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
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
Tobacco and tobacco products (including substitutes)
Manufactured tobacco
Electronic smoking pipes
Humidifiers for tobacco
Tobacco pipes of precious metal
Tobacco products for the purpose of being heated
Cigarettes containing tobacco substitutes
Absorbent paper for tobacco
Tobacco pipes, not of precious metal
Absorbent paper for tobacco pipes
Devices for heating tobacco for the purpose of inhalation
Tea for smoking as a tobacco substitute
Devices for heating tobacco substitutes for the purpose of inhalation
Flavourings, other than essential oils, for tobacco
Tobacco tar for use in electronic cigarettes
Tobacco free cigarettes, other than for medical purposes
Flavorings, other than essential oils, for tobacco substitutes
Cigars for use as an alternative to tobacco cigarettes
Inhalers for use as an alternative to tobacco cigarettes
Cigarette filters
Cigarette paper
Cigarette holders
Cigarette lighters
Cigarette tips
Cigarette cutters
Ashtrays
Books of cigarette papers
Electronic cigarettes
Cigarette cases
Mouthpieces for cigarettes
Liquefied gas cylinders for cigarette lighters
Cigarette lighter holders
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 cases not of precious metal
Cigarette holders not of precious metal
Cigarette lighters not for land vehicles
Cigarette lighters, not of precious metal
Hand held machines for injecting tobacco into paper tubes
Cigarettes containing tobacco substitutes, not for medical purposes
Flavourings, other than essential oils, for use in electronic cigarettes
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.