The trademark HEJA was filed by Yevhenii Basanets, a national of Ukraine (the "Applicant"). The application was published for oppositions on July 6, 2020, and received one opposition filed on September 14, 2020 by EHALE on Likelihood of confusion. the opponent was represented by REMARKABLE EUROPE NV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 14, 2020
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Appeal with reference B R2223/2021-2 was Opposition partially rejected according to Article 8(1)(b) EUTMR with decision issued on August 15, 2022 by the EUIPO. The Opposition with reference B 003130918 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 28, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 4 with Vegetable charcoals and Hookah charcoal..
The mark was filed in class 32 with following description of goods:
Energy drink
Soft drinks
Non-alcoholic extracts
Fruit concentrates and extracts
Isotonic juices and beverages
Fruit juice
Syrups
Preparations for making beverages
Cocktails, non-alcoholic
Lemonade beverages
Fruit nectars
Sherbets [beverages]
Syrups for beverages
Mineral water [beverages]
Aerated water.
The mark was filed in class 35 with following description of goods:
Wholesaling and retailing, including online sale, of foodstuffs, juices and beverages, alcoholic beverages, decanters, glasses [drinking vessels], stemware, containers for ice for serving alcoholic beverages
Sales promotion
Business information or reports
Sales promotion of foodstuffs, juices and beverages, tobacco products, cigarettes, cigars, cigarillos, electronic cigarettes, solutions for filling electronic cigarettes, cigarettes containing tobacco substitutes, tobacco pipes, hookahs, shishas, hookah charcoal, tobacco for tobacco pipes, tobacco flavourings, cigarette paper, herbs for smoking, chewing tobacco, accessories for smokers, matches, lighters, cigarette cases, ashtrays for smokers, tobacco pouches, cigar cutters, alcoholic beverages, decanters, glasses [drinking vessels], stemware, containers for ice for serving alcoholic beverages
Organisation of loyalty schemes
Online advertising on a computer network
Publication of publicity texts relating to foodstuffs, juices and beverages, tobacco products, cigarettes, cigars, cigarillos, electronic cigarettes, solutions for filling electronic cigarettes, cigarettes containing tobacco substitutes, tobacco pipes, hookahs, shishas, hookah charcoal, tobacco for tobacco pipes, tobacco flavourings, cigarette paper, herbs for smoking, chewing tobacco, accessories for smokers, matches, lighters, cigarette cases, ashtrays for smokers, tobacco pouches, cigar cutters, alcoholic beverages, decanters, glasses [drinking vessels], stemware, containers for ice for serving alcoholic beverages
Business management and organisation
Administrative processing of purchase orders
Personnel management consultancy
Public relations agency and services
Creating an image of the company, services and goods
Import-export agency services
Marketing
Advertising agency services
Radio- and TV- advertising
Bill-posting
Advertising by mail order
Publicity column preparation
Brokerage in the field of wholesaling and retailing of advertising time on the radio and television
Sale of advertising services and promotion of goods and services
Sales promotion for others
Shop window dressing
Provision ofadvertising space
Commercial information agency services
Presentation of goods on communication media, for retail purposes
Cost price analysis
Marketing research
Auditing
Marketing studies
Business inquiries
Opinion polling
Economic forecasting
Document reproduction
Distribution of advertising material
Compilation of information into a computer database
Compilation and systemisation of information into computer databases
Processing of advertising text
Writing of publicity texts
Dissemination of advertisements
Layout services for advertising purposes
Updating of advertising material
Advertising
Publication of publicity texts
Demonstration of goods
Presentation of services
Online advertising on a computer network
Publication of publicity texts
Bill-posting
Business evaluations
Organisation of trade fairs and exhibitions for commercial and advertising purposes
Distribution of advertising samples
Brokerage of commercial transactions
Commercial management advisory services
Preparation and conducting advertising campaigns
Promotion of goods
Operation of a loyalty program
Design and implementation of temporary advertising material supporting sales at points of sale
Dissemination of advertising matter at points of sale
Rental of female and male models for sales promotion purposes
Positioning of goods on shop shelves
Publicity material rental
Personnel consultancy
Personnel recruitment
Employment agencies
Personnel selection using psychological testing
Production of advertising films
Production of radio plays and musical works for advertising purposes
Providing goods, for others, for promotional or advertising purposes.