The trademark RAW GARDEN was filed by Central Coast Agriculture Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on May 20, 2022, and received one opposition filed on June 14, 2022 by Abellio Limited on Likelihood of confusion. the opponent was represented by GESKES PATENT- UND RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 14, 2022
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 2 with following description of goods:
Natural cannabis resins
Natural resins obtained from the cannabis plant
Natural resins
Mastic [natural resin]
Gum resins
Resin (Gum -)
Resins (Gum -).
The mark was filed in class 3 with following description of goods:
Essential oils derived from cannabis and hemp
Essential oils containing derivatives of cannabis and hemp
Essential oils containing CBD (cannabidiol)
Flavourings for beverages [essential oils] / flavourings for beverages [essential oils] made from Cannabis plant and any part of that plant, including seeds thereof
Cannabis oil for cosmetic purposes
Cosmetic oils containing CBD
Non-medicated cosmetics and toiletry preparations containing essential oils of cannabis or cannabis derivatives
Non-medicated herbal body care products containing cannabis, hemp, and their derivatives, namely, body oils, and salves
Non-medicated preparations containing cannabis or derivatives of cannabis in the form of topical foams, gels, creams, balms, salves, emollients, sprays and ointments for the care of hair, skin, body and face
Cosmetic creams, make-up products, lotions for face and body care, preparations and treatments for the hair, hand cream, hand lotions, lip conditioners, lip gloss palettes, non-medicated massage creams, massage oils, bath foam (non-medicated), all containing derivatives of the cannabis plant
Skin cleaners, lip balms (non-medicated), skin balms (non-medicated), cosmetics in the form of aerosols for skin care, essential oils for use in aromatherapy, essential oils for personal use, body lotions, all containing derivatives of the cannabis plant
Terpenes
Essential oils
Oils for cosmetic purposes
Extracts of flowers [perfumes], herbal extracts for cosmetic purposes
Ethereal oils
Cosmetic oils
Body oils
Non-medicated oils
Terpenes [essential oils]
Natural essential oils
Oils for the skin
Ethereal essences and oils
Essential oils for cosmetic purposes
Essential oils for personal use
Natural oils for cosmetic purposes
Food flavoring, being essential oils
Herbal extracts for cosmetic purposes.
The mark was filed in class 5 with following description of goods:
Cannabis for medical purposes
Marijuana for medical purposes
Tetrahydrocannabidinol [THC] for medical use
Cannabidiol for medical use
Cannabis products for medical use
Medical marijuana and cannabis and derivatives thereof
Medical marijuana, cannabis, cannabis oils, cannabis extracts, and cannabis derivatives
Cannabis preparations for medical 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
Medical, herbal and nutritional preparations, namely, tinctures, extracts and supplements containing, and derived from, cannabis and cannabinoids
Dietary supplements containing cannabis, hemp, and their derivatives
Nutritional supplements containing cannabis, hemp and their derivatives
Dietary supplements and dietetic preparations containing CBD oil
Cannabis extracts, namely, hashish, resins and oils
Edible cannabis for medical purposes
Cannabis-infused foods for medical purposes
Vaping cannabis for medical purposes
Smoking cannabis for medical purposes
Edible cannabis, smoking cannabis, or vaping cannabis for medical purposes
Herbal cannabis extracts for medical use
Extracts of cannabis plants for pharmaceutical purposes
Medicinal oils made from cannabis plants and any part of that plant, including its seeds
Cannabinoid oils for medical purposes
Nutritional supplements
Dietary supplements and dietetic preparations
Medical preparations
Medicinal herbs
Smoking herbs for medical purposes
Tinctures for medical purposes
Herbs (Smoking -) for medical purposes
Medicinal herb extracts
Extracts of medicinal plants
Extracts of medicinal herbs
Herbal extracts for medical purposes
Medicinal herbal extracts for medical purposes
Plant and herb extracts for medicinal purposes
Plant and herb extracts for medicinal use
Herbs (Medicinal -)
Herbal medicine
Herbal supplements
Medicinal herb infusions
Herbs for medicinal purposes
Herbal preparations for medical use
Medicinal herbs in dried or preserved form.
The mark was filed in class 9 with following description of goods:
Batteries for oral vaporizers for smoking
Electronic cigarette batteries
Chargers for electronic cigarettes
Batteries for electronic cigarettes
Battery chargers for electronic cigarettes
Chargers for electronic smoker's articles
Batteries for electronic smoker's articles
Chargers for vaporizers
Vaporizer batteries
USB chargers for electronic cigarettes
Portable charging cases for electronic cigarettes and vaporizers.
The mark was filed in class 29 with following description of goods:
Dried cannabis flowers
Edible oils, namely, cannabis and cannabinoid extract oils and edibles oils containing cannabis and cannabinoid derivatives
Cannabis resin for food
Cannabis oil for food
Processed cannabis preparations for food
Edible oils and edible butters containing cannabis plant derivatives
Food products containing cannabis, cannabis resins and cannabis oils, namely chocolates, cookies, brownies, chocolate bars, candy, food energy bars
Foodstuffs containing cannabis, cannabis resin and cannabis oils, namely, baked goods, pastries and chocolates
Cakes, muffins, madeleines, chocolate, chocolates, chocolate confectionery, sugar confectionery, all containing derivatives of the cannabis plant
Tea, tea substitutes, cereals, tapioca, preparations made from cereals, bread, buns, cakes, cookies, pancakes, pastries, muffins, brownies, popcorn, soufflés, desserts, confectionery, all of the aforesaid containing a mixture of herbs including cannabis or hemp, or hemp protein, or THC, or CBD or a combination of them
Cannabis and cannabinoid infused baked and confectionery goods, namely brownies, gummies, taffies, cookies, chocolates and peanut butter cups
Chocolates containing cannabis, cannabis resins and cannabis oils
Cookies containing cannabis, cannabis resins and cannabis oils
Brownies containing cannabis, cannabis resins and cannabis oils