The trademark O2 Tree was filed by Betuwe Plant, a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on June 26, 2022, and received one opposition filed on September 26, 2022 by O2 Worldwide Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Stobbs Ireland Limited and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 26, 2022
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 1 with Fertilizers, Soil additives, Organic fertilizers, Artificial manures, Artificial manures, Chlorine-free fertilizers, Compost, Plant food Plant nutrients, Nutrients for plants, Nutrients for plants, Preparations for fortifying plants, Plant nutrition preparations, Prepared soils for the germination of seeds, Growing media for plants.
The mark was filed in class 21 with Flower pots, Flower pots, Planters of glass, Saucers for flower pots, Plant baskets, Raised garden planters, Bowls for plants, Repotting containers for plants.
The mark was filed in class 31 with Trees, Fruit trees, Live trees, Saplings, Apple trees, Cherry trees, Plum trees, Pear trees, Trees, Conifer trees, Natural bonsai trees, Palm trees, Christmas trees, Cut Christmas trees, Living christmas trees [cut], Living christmas trees [cut], Live bushes, Live Christmas trees, Apple tree seeds, Seeds for fruit, Agricultural seeds, Natural seeds, Fruit seeds, horticultural seeds, Seeds for horticultural purposes, Night-flowering jasmine, topiary trees and Columnar trees, park trees, topiaries, Seeds for horticultural purposes..
The mark was filed in class 35 with Wholesale services in relation to horticulture products, Retail services in relation to horticulture products Retail services relating to horticultural products.
The mark was filed in class 39 with Transportation of plants, Transportation of fruit.
The mark was filed in class 44 with Plant nursery services, Tree planting, Consultancy relating to tree planting, Tree planting for carbon offsetting purposes, Reforestation services, Information services relating to the use of manures used in forestry, Tree surgery, Advisory and consultancy services relating to weed, pest and vermin control in agriculture, horticulture and forestry, Pruning of trees and Tree nurseryman services, Horticulture, Landscape services and Landscape design, Replanting of trees..