The trademark application HAPPY STATE was filed by Winston Towers 300 LLC, a Limited Liability Company (the "Applicant"). Application refused.
The application was filed in English (French was selected as the second language).
Divisions of EUTM registrations of the trademark registration was recorded on October 15, 2020.
The Refusal with reference B 018142888 was Rejected according to Article 7(1)(b) EUTMR with decision issued on August 9, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 1 with Plant extracts from industrial hemp, namely, CBD oil, isolate and distillate used in the manufacture of dietary supplements, cosmetics, skin care products, food and beverages, electronic cigarette liquids, and in the manufacture of other products, and for scientific purposes.
The mark was filed in class 5 with following description of goods:
CBD oils
CBD oil supplements
Dietary and nutritional supplements containing CBD derived from industrial hemp in the form of capsules, pills, liquids, gel capsules, extracts, and tinctures
CBD oil for medical purposes
Dietary and nutritional supplements
Hemp protein powder for use as a nutritional supplement
Nutritional meal replacement bars for medical purposes
Nutritional meal replacement drink mixes for medical purposes
Dietary supplement drink mixes
Hemp oil as a nutritional supplement
All of the foregoing containing hemp and CBD
Herbal supplements
Liquid herbal supplements
Medicinal herbal extracts
Medicinal herbal preparations
Natural herbal supplements
Medicated lotions for skin, face, hands, and body
Herbal topical creams, lotions, salves, and ointments for the relief of aches and pain, all of the foregoing containing hemp oil
Medicinal drinks containing CBD
Non-alcoholic beverages containing CBD for medical purposes
Energy drinks containing CBD for medical purposes
Water beverages containing CBD for medical purposes
Non-alcoholic beverages, namely, containing CBD for medical purposes
Nutritional supplements containing CBD in the form of capsules
Nutritional supplements containing lawful CBD in the form of pills
Herbal tinctures containing CBD for medical purposes
Chocolate containing CBD for medical purposes
Candies containing CBD for medical purposes
Medicated candy.
The mark was filed in class 29 with following description of goods:
Edible hemp oil
Edible CBD
Foods containing CBD in the form of soups, stocks, meat extracts, jellies, jams, compotes, fruit and vegetable spreads, fruits snacks, potato and potato-based snacks, candied fruit snacks, legume and vegetable-based snacks, nut and seed-based snacks, meat-based snacks, fruit and nut-based snacks all containing cannabidiol
Foods and snack items in the form of soups, stocks, meat extracts, jellies, jams, compotes, fruit and vegetable spreads, fruits snacks, potato and potato-based snacks, candied fruit snacks, legume and vegetable-based snacks, nut and seed-based snacks, meat-based snacks, fruit and nut-based snacks.
The mark was filed in class 30 with following description of goods:
CBD gummies and candies
Coffee, tea
Coffee, tea containing CBD
Sauces containing CBD
Candy
Food items being coffee, tea, rice, pasta and noodles, tapioca and sago, flour and preparations made from cereals, bread, baked goods, pastries and confectionary, chocolate and desserts, ice cream, sorbets and other edible ices, sugar, honey, treacle, yeast, cakes, tarts and biscuits (cookies), savoury snacks
Food items being coffee, tea, rice, pasta and noodles, tapioca and sago, flour and preparations made from cereals, bread, baked goods, pastries and confectionary, chocolate and desserts, ice cream, sorbets and other edible ices, sugar, honey, treacle, yeast, cakes, tarts and biscuits (cookies), savoury snacks, crisps made of cereal, all containing cannabidiol.
The mark was filed in class 32 with following description of goods:
CBD infused beverages
Beers containing CBD
Nonalcoholic beverages, syrups and mixes containing CBD
Nonalcoholic beverages, syrups and mixes
Beers
Energy drinks
Energy drinks containing CBD.
The mark was filed in class 33 with following description of goods:
Alcoholic beverage mixes and syrups, wine and spirits containing CBD.
The mark was filed in class 34 with following description of goods:
Vapor pens
Electronic vaporizer cartridges and liquid containing CBD for use in electronic vaporizers, cigarettes, cigars, e-cigarettes, e-cigars, and personal vaporizers
Oral vaporizers for smoking purposes
Tobacco for smoking
Smoking items
Tobacco substitutes in liquid solution form other than for medical purposes for electronic cigarettes
Components for electric and electronic cigarettes and vaporizers.