The trademark H was filed by Solidmind Group GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 13, 2021, and received one opposition filed on October 6, 2021 by DEOLEO GLOBAL, S.A.U. on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 6, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Body care products, namely, Face lotion, Body tonic, Hand lotion
Body cream
Hand creams
Skin cream
Cosmetics in the form of creams
Non-medicated creams
Face and body creams
Massage oils
Essential vegetable oils
Natural oils for cosmetic purposes
Body oils [for cosmetic use]
Oils for toilet purposes
Cosmetic oils for the epidermis
Skin care preparations
Essential oils and aromatic extracts
Bath oil
Essential oils for the care of the skin
Skin lotion
Bath lotion
Skin care cream
Skin care lotion
Skin moisturising creams
Hydrating lotions for skin
Skin cleansers, Non-medicated serums, Relating to the following purposes, Use on skin, eyes and exfoliating cream
Shampoos
Skin conditioners
Hair conditioners
Body wash
Soap, Non-medicated treatment preparations for acne, Ointment, Non-medicated ointments
All the aforesaid containing cannabidiol (CBD) and hemp.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals and natural remedies
Medicine
Nutritional supplements
Dietary supplements for animals
Dietary supplemental drinks
Food supplements
Nutritional supplements
Sanitary preparations and articles
Medicinal herbs
Herbal preparations for medical use
Herbal extracts for medical purposes
Plant and herb extracts for medicinal use
Drugs for medical purposes
Pharmaceutical drugs
Medicines for human purposes
Cannabis related products, namely oils, salves, concentrated pastes, tinctures, tablets and capsules, each containing cannabis or derivatives of cannabis, namely resins and oils for medical or therapeutic purposes
Pharmaceutical preparations and substances with analgesic properties
Plant-based narcotics
Synthetic narcotics
Prescription synthetic narcotics
Chemical preparations for medical purposes
Cannabis preparations for medical purposes
Cannabis preparations for pharmaceutical purposes
Enzyme preparations for medical purposes
Greases for medical purposes
Freeze-dried food adapted for medical purposes
Homogenized food adapted for medical purposes
Capsules for medicines
Cachets for pharmaceutical purposes
Chewing gum for medical purposes
Smoking herbs for medical purposes
Herbal teas for medicinal purposes
Cannabis-based dietary supplements
Nervines
Pharmaceuticals
Ointments for pharmaceutical purposes
Soporifics
Cannabis for medical purposes
Nutritional supplements, In the form of drops, in the form of pills, in the form of capsules, In liquid form, In roll-on form
Nutritional supplements, all of the foregoing containing hemp
Nutritional supplements, beverage mixes, nutraceuticals for use as a food supplement
Edible hemp oil for use as food supplements
Hemp oil as a nutritional supplement
Hemp protein for use as a nutritional supplement in various powered and ready-to-drink beverages
Hemp protein powder for use as a nutritional supplement
Hemp protein supplement for use as a nutrients in various powered and ready-to-drink beverages
Beverage mixes, On the basis of hemp-based nutritional supplements
Hemp-based nutraceutical preparations for use as nutritional supplements
Creams, Gels, Ointments, sprays, Balms, Envelopes, Ointments, All being topical, all of the aforesaid goods being hemp-based, For analgesic purposes
Creams, Gels, Ointments, sprays, Balms, Envelopes, Ointments, Of herbs, relating to the following purposes, Pain relief
Meal replacement bars comprised of hemp for medical purposes
Meal replacement bars, For dietetic purposes, For food purposes, Namely, Dietetic and nutritional supplements
Meal replacement drink mixes comprised of hemp for medical purposes
Drink mixes as meal replacements, For dietetic purposes, For food purposes, Namely, Dietetic and nutritional supplements
Meal replacement powders comprised of hemp for medical purposes
Powdered meal replacement preparations, For dietetic purposes, For food purposes, Namely, Nutritional supplements and Nutritional supplements
Medicated lotions, in relation to the following fields, Skin, Hair, sunburn, face, Body
Nutraceuticals for use as a dietary supplement
Nutraceutical preparations for use as beverage mixtures for nutritional supplements
Nutritional supplements, all of the foregoing containing hemp, In the form of drops, in the form of pills, in the form of capsules, In liquid form, In roll-on form
Creams, Gels, Ointments, sprays, Envelopes, Balms, Ointments, All being topical, for analgesic purposes
All the aforesaid containing hemp and solely naturally occurring amounts of CBD.
The mark was filed in class 29 with following description of goods:
Cannabis resins and cannabis oils all used in food products, namely edible oils
Processed cannabis preparations for food, namely edible oils
Seaweed extracts for food
Butter
Fatty substances for the manufacture of edible fats
Oils and fats.
The mark was filed in class 32 with following description of goods:
Cannabis products, namely smoothies, Fruit beverages and fruit juices
Carbonated soft drinks, Carbonated energy drinks, all the afore-mentioned containing cannabis or cannabis derivatives, Namely, Containing resins, containing oils
Essences for making beverages.
The mark was filed in class 35 with Retail and wholesale services in relation to: Hemp goods, hemp preparations, derivatives of hemp, Scented oils, nutritional supplements and cosmetics containing hemp/cannabis.