The trademark was filed by JR Capital, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on August 3, 2020, and received one opposition filed on November 3, 2020 by Swanson Health Products, Incorporated on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by VIERING, JENTSCHURA & PARTNER MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 3, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003133997 was rejected according to Article 8(1)(a) EUTMR with decision issued on November 28, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Hygienic preparations and articles
Medicated additives for animal foods
Pharmaceuticals and natural remedies
Pain relief medication for veterinary purposes
Fodder additives for medical purposes
Medicinal herbs
Decoctions of medicinal herb
Extracts of medicinal herbs
Chinese traditional medicinal herbs
Medicinal herbs in dried or preserved form
Herbal extracts for medical purposes.
The mark was filed in class 31 with following description of goods:
Bait, not artificial
Foodstuffs and fodder for animals
Agricultural and aquacultural crops, horticulture and forestry products
Live animals, organisms for breeding
Natural plants and flowers
Cannabis plants.
The mark was filed in class 34 with following description of goods:
Matches
Articles for use with tobacco
Tobacco and tobacco products (including substitutes)
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Electronic cigarettes
Electronic cigarette atomizers
Liquid solutions for use in electronic cigarettes
Electronic cigarette cartomizers
Smoking sets for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Flavourings, other than essential oils, for use in electronic cigarettes
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes.