The trademark -NESS was filed by BZAM Management Inc., a corporation established under the laws of Canada (the "Applicant"). The application was published for oppositions on August 24, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on November 24, 2020 by Kiltane Retail Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. and its proceedings were handled in English The second opposition filed on November 24, 2020 by NEHS DEVELOPPEMENT on Likelihood of confusion. the opponent was represented by ICOSA and its proceedings were handled in English
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Cleaning preparations for vaporizers, electronic cigarettes, oral vaporizers for smoking
Non-medicinal topical oils and cosmetic pastes, massage creams, massage oils, beauty creams, after-sun oils and creams, tanning oils and creams, aftershave creams, perfume oils, oils for perfumes and scents, almond oil, aromatherapy oils, face and body lotions, shaving preparations, face cream, bath additives and creams, sun creams and sunscreen creams
Non-medicinal soaps for personal use, hair shampoo, makeup, hair tonics, bath oils and bath salts, hair oils, body oils, facial oils, skin tonics, skin creams, night creams, lip creams, skin lotions, lip care preparations, hair care preparations, non-medicated skin preparations
Cosmetics
Cosmetics for use on the skin
Cosmetics in the form of milks, lotions, and emulsions
Cosmetic oils
Essential oils for personal use
Cosmetic creams
Cannabis-based, cannabis infused and cannabinoid-infused non-medicinal topical oils and cosmetic pastes, massage creams, massage oils, beauty creams, after-sun oils and creams, tanning oils and creams, aftershave creams, perfume oils, oils for perfumes and scents, almond oil, aromatherapy oils, face and body lotions, shaving preparations, face cream, bath additives and creams, sun creams and sunscreen creams
Cannabis-based, cannabis infused and cannabinoid-infused soaps for personal use, hair shampoo, makeup, hair tonics, bath oils and bath salts, hair oils, body oils, facial oils, skin tonics, skin creams, night creams, lip creams, skin lotions, lip care preparations, hair care preparations, non-medicated skin preparations
Cannabis-based, cannabis infused and cannabinoid-infused cosmetics
Cannabis-based, cannabis infused and cannabinoid-infused cosmetics for use on the skin
Cannabis-based, cannabis infused and cannabinoid-infused cosmetics in the form of milks, lotions, and emulsions
Cannabis-based, cannabis infused and cannabinoid-infused cosmetic oils
Cannabis-based, cannabis infused and cannabinoid-infused essential oils for personal use
Cannabis-based, cannabis infused and cannabinoid-infused cosmetic creams
Cannabidiol oil in the form of emollients, creams, lotions, moisturizers, salves, balms, lip balms, and facial oils and body oils.
The mark was filed in class 5 with following description of goods:
Topical creams, lotions, balms, oils, sprays, and transdermal patches for the relief of pain
Medicinal, herbal, botanical and nutritional preparations and supplements in the form of tinctures, gel capsules, pills, tablets, vaginal and rectal suppositories, buccal sprays, for the treatment of glaucoma, arthritis, chronic back pain, burns, ulcers, warts, moles, migraine headaches, asthma, insomnia, anxiety, depression, stress, loss of appetite, fatigue, general pain, muscle tension, muscle spasms, to enhance mood and to improve general state of well-being
Cannabis oil, for the treatment of glaucoma, arthritis, chronic back pain, burns, ulcers, warts, moles, migraine headaches, asthma, insomnia, anxiety, depression, stress, loss of appetite, anxiety, fatigue, general pain, muscle tension, muscle spasms, to enhance mood and to improve general state of well-being
CO2 Honey Oil, namely, hashish oil for the treatment of glaucoma, arthritis, chronic back pain, burns, ulcers, warts, moles, migraine headaches, asthma, insomnia, anxiety, depression, stress, loss of appetite, fatigue, general pain, muscle tension, muscle spasms, to enhance mood and to improve general state of well-being
Cannabis extracts, namely, shatter, wax, concentrate, rosin, live resin rumble, for the treatment of glaucoma, arthritis, chronic back pain, burns, ulcers, warts, moles, migraine headaches, asthma, insomnia, anxiety, depression, stress, loss of appetite, fatigue, general pain, muscle tension, muscle spasms, to enhance mood and to improve general state of well-being
Cannabis based beverages for medicinal use and health purposes
Medical marijuana and cannabis
Cannabidiol oil.
The mark was filed in class 9 with Mouse pads and sunglasses..
The mark was filed in class 16 with following description of goods:
Posters
Bumper stickers
Calendars
Coasters of cardboard and paper
Comics
Decals
Iron-on decals and iron-on transfers
Letter openers
Money clips
Pens, pencils, and highlighters
Paper goods and printed matter, namely writing pads, note paper, notebooks, binders, self-stick notes, greeting cards, postcards
Temporary tattoos
Magazines, books, and newsletters.
The mark was filed in class 21 with following description of goods:
Water bottles
Cooler bags
Mugs
Travel mugs
Drinking glasses
Beer glasses
Shooter glasses
Grill cleaning scrapers
Hand-operated coffee grinders
Bottle openers
Bottle holders
Beverage glassware
Cups
Steins
Insulated mugs
Insulated beverage holders
Vacuum bottles
Grinders for dried cannabis.
The mark was filed in class 30 with following description of goods:
Cannabis infused chocolate confections
Cannabis infused chocolate truffles
Cannabis infused chocolate bars
Cannabis infused chocolate and cannabis infused chocolates
Cannabis infused marshmallows
Cannabis infused edible nut products
Cannabis infused nut confections
Cannabis infused glazed nuts
Cannabis infused mixture consisting of oatmeal, wheat germ, seeds, brown sugar or honey, dried fruit and nuts
Cannabis infused cereal bars consisting of oatmeal, wheat germ, seeds, brown sugar or honey, dried fruit and nuts
Cannabis infused baked goods
Cannabis infused pastries
Candies
Taffy
Chocolate bonbons
Marijuana based infusions and tisanes
Raw cannabis sugar
Cannabis infused cooking mix
Cake mixes
Mixes for brownies, cupcakes, cookies and muffins
Pancake mixes
Cocoa-based beverages, coffee-based beverages.
The mark was filed in class 32 with following description of goods:
Energy drinks
Fruit-flavoured beverages, cannabis based beverages
The mark was filed in class 33 with Wines, spirits, liqueurs, aperitifs, bitters, cocktails, alcoholic extracts and cannabis-based, cannabis infused and cannabinoid-infused wines, spirits, liqueurs, aperitifs, bitters, cocktails, alcoholic extracts..
The mark was filed in class 34 with following description of goods:
Vaporizers
USB rechargeable pen vaporizers
Recyclable pen vaporizers
Dried marijuana and cannabis
Dried cannabis flower
Pre-rolled joints
Ashtrays
Dab mats
Cigarette paper
Cigarette filters
Lighters
Matches
Machines for rolling cigarettes
Cigarette cases
Tobacco tins and tobacco pouches
CO2 Honey oil, namely cannabis oil for oral vaporizers for smokers Bongs
Dab rigs
Hand pipes, water pipes, hookahs, nebulizers, atomizers
Marijuana and cannabis extracts for smoking, namely, tinctures, oils, juice, powder, hashish, resins, shatter, wax, concentrate, rosin, live resin rumble, budder.
The mark was filed in class 35 with following description of goods:
Retail and wholesale sale of marijuana and cannabis
Sale of cannabis seeds, clones, tissue cultures, and marijuana derivatives
Sale of marijuana based food products, marijuana oils, marijuana and cannabis extracts, marijuana infusions and tisanes, marijuana based cosmetics, medicinal, herbal, botanical and nutritional preparations and supplements
Sale of vaporizers, USB rechargeable pen vaporizers, recyclable pen vaporizers, bongs, dab rigs, hookahs, hand pipes, water pipes, nebulizers, atomizers, lighters
Marketing services in the field of marijuana and cannabis.
The mark was filed in class 40 with following description of goods:
Production of marijuana and cannabis
Production of cannabis seeds, clones, tissue cultures, and marijuana derivatives
Production of marijuana based food products, marijuana oils, marijuana and cannabis extracts, marijuana infusions and tisanes, marijuana based cosmetics, medicinal, herbal, botanical and nutritional preparations and supplements
Production of vaporizers, USB rechargeable pen vaporizers, recyclable pen vaporizers, bongs, dab rigs, hookahs, hand pipes, water pipes, nebulizers, atomizers, lighters
Custom manufacturing, namely extraction services for marijuana and cannabis.
The mark was filed in class 41 with Educational services, namely production of instructional videos in the field of medical marijuana for patients and healthcare professionals and Volunteer and Community service initiatives to provide public education with respect to medicinal marijuana..