The trademark application PetPlus was filed by PetPlus GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on September 16, 2020, and it was registered by office on December 25, 2020 without any oppositions.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018188087 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on May 29, 2020 by the EUIPO.
The application claimed as seniority of the Republic of Austria trademark 20177/2019 registered on February 12, 2019 and filed on February 4, 2019 which was accepted by the office.
Goods And Services
The mark was filed in class 1 with following description of goods:
Fertilisers, and chemicals for use in agriculture, horticulture and forestry
Filtering materials [chemical, mineral, vegetable and other unprocessed materials]
Growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry
Chemical substances, chemical materials and chemical preparations, and natural elements
Chemical and organic compositions for use in the manufacture of food and beverages
Detergents for use in manufacture and industry.
The mark was filed in class 31 with following description of goods:
Foodstuffs and fodder for animals
Agricultural and aquacultural crops, horticulture and forestry products
Live animals, organisms for breeding
Bait, not artificial
Bedding and litter for animals.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business assistance, management and administrative services
Retail or wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services relating to food
Retail services in relation to cleaning articles
Retail services in relation to toiletries
Retail services in relation to gardening articles
Retail services in relation to foodstuffs
Retail services in relation to animal grooming preparations
Retail services in relation to litter for animals
Retail services in relation to bedding for animals
Retail services in relation to chemicals for use in agriculture
Retail services in relation to veterinary apparatus
Retail services in relation to veterinary instruments
Retail services in relation to veterinary articles
Retail services in relation to veterinary preparations
Retail services in relation to dietary supplements
Retail services in relation to cleaning preparations
Retail services in relation to dietetic preparations
Retail services in relation to fodder for animals
Retail services in relation to hygienic implements for humans
Retail services in relation to hygienic implements for animals
Retail services in relation to beauty implements for humans
Retail services in relation to beauty implements for animals
Retail services relating to food preparation implements
Retail services in relation to pet products
Retail services relating to live animals
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Wholesale services in relation to animal grooming preparations
Wholesale services in relation to saddlery
Wholesale services in relation to chemicals for use in forestry
Wholesale services in relation to chemicals for use in horticulture
Wholesale services in relation to chemicals for use in agriculture
Wholesale services in relation to veterinary articles
Wholesale services in relation to litter for animals
Wholesale services in relation to veterinary preparations
Wholesale services in relation to veterinary preparations and articles
Wholesale services in relation to dietary supplements
Wholesale services in relation to food preparation implements
Wholesale services in relation to hygienic implements for animals
Wholesale services in relation to beauty implements for animals
Wholesale services in relation to fodder for animals
Wholesale services in relation to foodstuffs
Wholesale services in relation to bedding for animals
Wholesale services in relation to veterinary apparatus
Wholesale services in relation to veterinary instruments
Wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services via catalogues related to foodstuffs
Online retail store services relating to cosmetic and beauty products
Unmanned retail store services relating to food
Rental of sales stands
Mail order retail services for cosmetics
Mail order retail services related to foodstuffs
Online retail services relating to cosmetics.
The mark was filed in class 44 with following description of goods:
Animal healthcare services
Human healthcare services
Human hygiene and beauty care
Agriculture, aquaculture, horticulture and forestry services