The trademark application Pineapple Express 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 R2084/2020-2 was Proceedings terminated according to Article 68(1) EUTMR with decision issued on March 18, 2021 by the EUIPO. The Refusal with reference B 018202086 was Rejected according to Article 7(1)(b) EUTMR with decision issued on September 16, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 32 with following description of goods:
Beer
Beer wort
Imitation beer
Shandy
Beer-based cocktails
Craft beers
Saison beer
Flavored beers
Non-alcoholic beer
Non-alcoholic beer flavored beverages
Barley wine [beer]
Coffee-flavored beer
Low alcohol beer
Lagers
Beer-based beverages
Malt beer
Soft drinks
Non-alcoholic preparations for making beverages
Beer and brewery products
Flavoured carbonated beverages
Nut and soy based beverages
Juices
Waters
Aperitifs, non-alcoholic
Cocktails, non-alcoholic
Non-alcoholic fruit cocktails
Fruit-based soft drinks flavored with tea
Non-alcoholic malt drinks
Alcohol free wine
Quinine water
Energy drinks [not for medical purposes]
Energy drinks
Oat-based beverages [not being milk substitutes]
Guarana drinks
Isotonic beverages
Isotonic beverages [not for medical purposes]
Energy drinks containing caffeine
Carbohydrate drinks
Vitamin enriched sparkling water [beverages]
Vitamin fortified non-alcoholic beverages
Beverages containing vitamins
Sports drinks
Smoothies.
The mark was filed in class 34 with following description of goods:
Tobacco
Tobacco jars
Tobacco filters
Tobacco pouches
Tobacco pipes
Leaf tobacco
Tobacco products
Tobacco substitutes
Tobacco tins
Absorbent paper for tobacco pipes
Tobacco and tobacco substitutes
Tobacco and tobacco products (including substitutes)
Flavored tobacco
Manufactured tobacco
Smokeless tobacco
Raw tobacco
Electronic smoking pipes
Snuff with tobacco
Snus with tobacco
Tobacco pipes, not of precious metal
Absorbent paper for tobacco
Cigarettes containing tobacco substitutes
Tobacco products for the purpose of being heated
Snus without tobacco
Snuff without tobacco
Pipe racks for tobacco pipes
Tobacco pipes of precious metal
Roll-your-own tobacco
Humidifiers for tobacco
Flavourings for tobacco
Herbal molasses [tobacco substitutes]
Devices for heating tobacco for the purpose of inhalation
Tea for smoking as a tobacco substitute
Asian long tobacco pipe sheaths
Cases of precious metal for pipes
Devices for heating tobacco substitutes for the purpose of inhalation
Tobacco substitutes not for medical purposes
Flavourings, other than essential oils, for tobacco
Tobacco tar for use in electronic cigarettes
Tobacco free cigarettes, other than for medical purposes
Cases, not of precious metal for pipes
Mu'assel
Flavorings, other than essential oils, for tobacco substitutes
Pipes for smoking mentholated tobacco substitutes
Hand held machines for injecting tobacco into paper tubes
Devices for extinguishing heated cigarettes, cigars and heated tobacco sticks
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
Tobacco free oral nicotine pouches [not for medical use]
Loose, rolling and pipe tobacco
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Inhalable aerosols and carrier substances therefor, for use in water pipes
Chewing tobacco
Japanese shredded tobacco (kizami tobacco)
Herbs for smoking
Pipe tobacco
Smoking tobacco
Snuff
Snus
Substances for inhalation using water pipes, in particular aromatic substances
Hookah tobacco
Cigarette tobacco
Cigarettes
Cigarette filters
Cigarette tubes
Cigarette paper
Cigarette holders
Cigarette lighters
Cigarette tips
Cigarette cutters
Ashtrays
Books of cigarette papers
Electronic cigarettes
Cigarette cases
Mouthpieces for cigarettes
Cigarette cases made of precious metal
Mouthpieces for cigarette holders
Cigarette holders of precious metal
Liquefied gas cylinders for cigarette lighters
Cigarette lighters, not of precious metal
Cigarette holders not of precious metal
Cigarette cases not of precious metal
Liquid solutions for use in electronic cigarettes
Electronic cigarette boxes
Electronic cigarette cases
Cartridges for electronic cigarettes
Smoking sets for electronic cigarettes
Electronic cigarette cleaners
Electronic cigarette atomizers
Holders for electronic cigarettes
Refill cartridges for electronic cigarettes
Smokeless cigarette vaporizer pipes
Ready-made cigarette tubes with filters
Cigarette boxes of precious metal
Cigarette lighter holders
Cigarette lighters of precious metal
Flavourings, other than essential oils, for use in electronic cigarettes
Cigarette lighter holders, not of precious metal
Cigarette lighter holders of precious metal
Tips of yellow amber for cigar and cigarette holders
Pocket machines for rolling cigarettes
Electronic cigarette cartomizers
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Electronic cigarette liquid [e-liquid] comprised of propylene glycol.