The trademark Gardens of Eden was filed by The Gardens of Eden, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on September 19, 2021, and received one opposition filed on November 3, 2021 by PULANNA Sp. z o.o. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by Kluczewska-Strojny, Joanna and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 3, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Soaps
Perfumery, essential oils, cosmetics, toiletries
Incense.
The mark was filed in class 4 with Candles, wicks and lamp oil.
The mark was filed in class 25 with Clothing, footwear, headgear, belts.
The mark was filed in class 29 with following description of goods:
Milk and milk products
Milk drinks
Nut milks including almond milk, hazelnut milk and combinations of these
Coconut milk
Almond milk
Soya milk
Rice milk
Oat milk
Milk substitutes
Yoghurt drinks
Fermented milk
Kefir
Snack food products made wholly or principally of potatoes
Flour and preparations made from cereals, bread, pastry and confectionery
Breakfast cereals
Ices
Fruit and muesli bars and muesli
Honey, treacle
Yeast, baking-powder
Salt, mustard
Vinegar, sauces, salad dressings
Spices
Ice
Beverages made of tea
Beverages with tea base
Preparations with a tea base
Fermented tea drinks
Kombucha.
The mark was filed in class 41 with following description of goods:
Providing classes, workshops, seminars and retreats in the fields of healthy living, mindfulness, and personal development and distribution of course materials in connection therewith
Sports event services, namely, arranging, organizing, operating and conducting yoga classes providing information featuring on-line training advice in the fields of sports, yoga, healthy living, and lifestyle via a website
Entertainment services
Organizing of sports competitions
Organising practical training education in nutrition and healthy living
Presentation of live performances in the fields of yoga and sports
Health club services being health and fitness training