The trademark LULLY was filed by Sway Sports & Health GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on May 15, 2022, and received one opposition filed on August 15, 2022 by LUTTI SAS on Likelihood of confusion. the opponent was represented by JACOBACCI CORALIS HARLE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 15, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Skin balms [cosmetic]
Skin lotions
Skin creams
Skin cleansers
Facial scrubs
Body scrubs
Face masks
Facial oils
Body oils
Body powder
Hair cosmetics
Bath salts
Bath oils
Bath preparations
Cosmetics
All the foregoing containing or being enriched with cannabidiol (CBD) or hemp, not for medical purposes.
The mark was filed in class 5 with following description of goods:
Vitamin supplements
Vitamin drops
Gummy vitamins
Vitamin drinks
Vitamin tablets
Dietetic and nutritional preparations
Protein powder dietary supplements
Protein supplement shakes
Nutritional supplement energy bars
Tobacco-free cigarettes for medical purposes
All the foregoing containing or being enriched with cannabidiol (CBD) or hemp.
The mark was filed in class 29 with Nut and seed-based snack bars and Snack bars based on hemp seeds..
The mark was filed in class 30 with following description of goods:
Cereal-based snack bars
Cereal based energy bars
Candy bars containing cannabidiol (CBD) or hemp, not for medical purposes
Chocolate bars containing cannabidiol (CBD) or hemp, not for medical purposes
Candies containing cannabidiol (CBD) or hemp, not for medical purposes
Tea-based beverages fortified with cannabidiol (CBD) or hemp, not for medical purposes
Snack bars containing a mixture of grains, nuts and dried fruit [confectionery]
High-protein cereal bars
Chewing gums
Mints for breath freshening.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Non-alcoholic beverages enriched with cannabidiol (CBD)
Non-alcoholic beverages enriched with hemp.
The mark was filed in class 34 with following description of goods:
Tobacco and tobacco substitutes
Tobacco products
Cigarettes
Cigars
Electronic cigarettes
Oral vaporizers for smokers
Tobacco products for the purpose of being heated
Electronic rechargeable cigarette cases
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Electronic nicotine inhalation devices
Smoking sets for electronic cigarettes
Smokers' articles
Matches
Flavorings, other than essential oils, for use in electronic cigarettes
Ashtrays
Lighters for smokers
Liquids for electronic cigarettes
Herbs for smoking
Cigarette cases
Automatic cigarette cases.
The mark was filed in class 35 with following description of goods:
Online retail services relating to cosmetics
Retail services in relation to dietary supplements
Retail services relating to food
Retail services in relation to non-alcoholic beverages
Retail services in relation to tobacco
Retail services in relation to articles for use with tobacco
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Wholesale services in relation to foodstuffs
Wholesale services in relation to non-alcoholic beverages
Wholesale services in relation to tobacco
Wholesale services in relation to articles for use with tobacco
Communication media (Presentation of goods on -), for retail purposes.