The trademark naturas(s) was filed by A + S Online Shop Anett Gerhardt u. Stefan Gerhardt GbR, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 19, 2020, and received one opposition filed on June 18, 2020 by EcorNaturaSì S.p.A. on Likelihood of confusion. the opponent was represented by CON LOR S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 18, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on January 23, 2022.
The Opposition with reference B 003124540 was refused according to Article 8(1)(b) EUTMR with decision issued on August 15, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Eyeliner
Eyelid shadow
Eyebrow pencils
Cosmetics
Cosmetic preparations for bath and shower
Toothpaste
Perfumery
Ethereal essences
Buffing compounds
Laundry preparations
Grease-removing preparations
Soap
Namely being produced organically.
The mark was filed in class 29 with following description of goods:
Jellies, jams, compotes, fruit and vegetable spreads
Processed fruits, fungi, vegetables, nuts and pulses
Eggs
Milk
Milk products
Edible oils and fats
Tomato paste
None of the aforesaid goods including salty snack goods, in particular potato crisps
Namely being produced organically.
The mark was filed in class 30 with following description of goods:
Puddings
Vinegar
Cereal preparations coated with sugar and honey
Pasta
Rice
Dumplings
Flour
Baking powder
Yeast
Bakery goods
Bread
Sugar
Salt
Seasonings
Spices
Dried herbs
Preserved herbs
Tomato ketchup
Mayonnaise
Mustard
Sauces
Coffee
Edible ices
Ice for refreshment
Tea
None of the aforesaid goods including salty snack goods, in particular potato crisps
Namely being produced organically.
The mark was filed in class 31 with following description of goods:
Fresh fruits, nuts, vegetables and herbs
Garden herbs, fresh
Raw and unprocessed agricultural products
Bulbs (Plant -)
Natural plants
Flowers
Seeds for planting.
The mark was filed in class 32 with following description of goods:
Soft drinks
Fruit drinks
Juices
Mineral water [beverages]
Aerated water
Aerated juices
Namely being produced organically.
The mark was filed in class 35 with following description of goods:
Retail services relating to food
Retail services connected with the sale of subscription boxes containing food
Retail services via global computer networks related to foodstuffs
Online retail services relating to cosmetics
Mail order retail services related to non-alcoholic beverages
Advertising services for the promotion of beverages
Distribution of advertising material
Advertising services relating to perfumery
Advertising services relating to cosmetics
Advertising services relating to the sale of goods
Advertising services to promote public awareness of the benefits of shopping locally
Providing and rental of advertising space on the internet
Namely for the promotion of local, ecological cultivation and the sale thereof.
The mark was filed in class 39 with following description of goods:
Arranging and conducting of mail order delivery services
Delivery of hampers containing food and drink
Parcel delivery
Delivery of goods
Delivery of goods by messenger
Storage and delivery of goods
Delivery of groceries
Delivery of bottled water to homes and offices
Delivery of food by restaurants
Delivery of food and drink prepared for consumption
Namely for the promotion of local, ecological cultivation and the sale thereof.
The mark was filed in class 42 with Hosting web sites.
The mark was filed in class 44 with following description of goods:
Providing nutritional information about food for medical weight loss purposes
Providing nutritional information about drinks for medical weight loss purposes
Consultancy services relating to cosmetics
Beauty care
Namely for the promotion of local, ecological cultivation and the sale thereof.