The trademark CBD SPORTS was filed by Roald Barend Tromp, a national of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on March 22, 2020, and received one opposition filed on June 22, 2020 by CBD Ultra Limited on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Wilson Gunn (Europe) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 22, 2020
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003124768 was rejected according to Article 8(1)(b) EUTMR with decision issued on January 28, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Essential oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Soaps
Make-up preparations
Hygiene and beauty care (preparations)
Skincare cosmetics
Cosmetic creams
Nail cream
Nail polish
Make-up removing preparations
Disposable wipes impregnated with cleaning substances or compounds for personal hygiene
Nail varnish removers
Cosmetic bath and shower gels and body lotions
Cosmetic products for personal care
Creams, gels, sprays, mousses and balms for hair styling and hair care
Shampoo
Perfumery
Toilet water
Toilet water
Toiletry preparations
Hair-care products
Deodorants for personal use
Cosmetic lotions
Suncare preparations
Tanning preparations
Sun-tanning preparations
After-sun products
Cosmetic bath salts
Potpourris [fragrances]
Hair lotion
Dentifrices.
The mark was filed in class 5 with following description of goods:
Pharmaceutical, medical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic foodstuffs and dietetic substances adapted for medical or veterinary use
Nutritional supplements
Herbal supplements
Medicinal herbs
Tisanes [medicated beverages]
Herbal teas for medicinal purposes
Herbal sprays for medical use
Herbal creams for medical use
Herbal beverages for medicinal use
Plant and herb extracts for medicinal use
Vitamin preparations
Mineral and vitamin-based nutritional preparations, supplements and concentrates, for medical use
Cannabinoids for medical purposes
Cannabis extract for medical purposes
Medical products with cannabidiol
Cannabis products, including weed and hash, For medical use
Narcotics
Ointments, Balms, gels and oils for medical use
Fungicides, herbicides.
The mark was filed in class 32 with following description of goods:
Beers
Non-alcoholic beverages
Carbonated mineral water
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages
Sports drinks.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Administrative processing of purchase orders
Business management consulting
Promotion services
Arranging and conducting of promotional events and activities, including openings, demonstrations and product presentations
Arranging and conducting publicity and advertising events
Commercial management
Publication of publicity texts
Dissemination of advertising articles and advertising material
Publicity
Public relations services
Retailing or wholesaling relating to essential oils, personal care preparations, cosmetics, pharmaceutical, medical and veterinary preparations, nutritional supplements and nutritional preparations, salves and ointments, balms, gels and oils, plant and herbal extracts, cannabis extracts, preparations containing cannabinoids, narcotics, foodstuffs and beverages, smokers' articles and e-cigarette liquids, seeds for planting and agricultural, garden and forestry products, clothing, sporting articles, printed matter, instructional and teaching materials, and computer software
Compilation of statistics
Market prospecting, research and analysis
Opinion polling
Compilation of information into computer databases
Data file administration
Organisation of trade fairs and exhibitions for commercial or advertising purposes
Information and consultancy relating to the aforesaid services
All the aforesaid services whether or not provided via electronic channels, including the Internet.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Coaching
Organisation, production and implementation of festivals, concerts, tours, theatre productions and other events (not for commercial purposes)
Production and performance of music and entertainment programmes and broadcasting them on television, radio, the Internet and other media
Production of television and radio programs
Film production services
Entertainment includingvia radio, television and the Internet
Providing electronic publications online
Editing, storing and digitising of images and sounds for others
Arranging and conducting congresses, seminars, symposiums, lessons and workshops
Rental of motion pictures
Arranging stage and music shows
Producing and conducting music and entertainment programmes
Publication, lending and distribution of books, newspapers, magazines, periodicals and other printed matter via electronic channels and otherwise
Organisation of trade fairs, exhibitions and other events for cultural and educational purposes
Electronic library services for the supply of electronic information (including archive information) in the form of text, sound information and/or recorded image material (video)
Information and consultancy relating to the aforesaid services
All the aforesaid services, including provided via electronic channels, including the Internet.