The trademark Greenate was filed by Jakob Kuess, a national of the Republic of Austria (the "Applicant") and Stefan Peter, a national of the Republic of Austria (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on October 13, 2020, and received one opposition filed on January 13, 2021 by VIÑEDOS Y CRIANZAS DEL ALTO ARAGÓN, S.A. on Likelihood of confusion. the opponent was represented by Azagra Sáez, Pilar and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 13, 2021
The application was filed in German, and German 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:
Toiletries
Oral hygiene preparations
Perfumery and fragrances
Body cleaning and beauty care preparations
Make-up
Soaps and gels
Bath preparations
Deodorants and antiperspirants
Skin, eye and nail care preparations
Hair preparations and treatments
Hair removal and shaving preparations
Animal grooming preparations
Essential oils and aromatic extracts
Cleaning and fragrancing preparations
Household fragrances
Vehicle cleaning preparations
Laundry preparations
Leather and shoe cleaning and polishing preparations
Non-medicated cosmetics
Non-medicated toiletry preparations
Non-medicated dentifrices
Non-medicated dentifrices, namely mouth rinses and mouthwashes
Toiletries, namely hand, body and face creams
Skin cream
Bath and skin lotions
Skin moisturisers and moisturising lotions
Shampoo
Conditioners
Bodywash
Massage oils and lotions
Massage creams, not medicated
Massage gels, other than for medical purposes
Massage oils, not medicated
Non-medicated massage preparations
Massage waxes
Balms, other than for medical purposes
Anti-ageing serum
Lip balms [non-medicated]
Lip cosmetics
Non-medicated lip care preparations
Tissues impregnated with cosmetic lotions
Tissues impregnated with essential oils, for cosmetic use
Tissues impregnated with cosmetics
Perfumed tissues.
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Food for babies
Dietary supplements for animals
Dental preparations and articles, and medicated dentifrices
Medicated dentifrices
Namely mouth rinses and mouthwashes
Sanitary preparations and articles
Disinfectants and antiseptics
Absorbent articles for personal hygiene
Medicated and sanitising soaps and detergents
Pest control preparations and articles
Pharmaceuticals and natural remedies
Medical dressings, coverings and applicators
Air deodorising and air purifying preparations
Medical and veterinary preparations
Medical and veterinary preparations
Namely CBD (cannabidiol)
Oil
Cannabis oil
THC (tetrahydrocannabinol) oil and oils containing cannabinoids
Pharmaceuticals
Medical preparations
Veterinary preparations
Sanitary preparations for medical purposes
Foodstuffs and dietetic substances for medical or veterinary purposes
Hemp oil as a nutritional supplement
Hemp seed for pharmaceutical purposes
Hemp seed (nutritional supplements)
Dietary supplements containing hemp oil
Nutraceuticals for use as a dietary supplement
Dietary fibre
Albuminous foodstuffs for medical purposes
Herbal food supplements for personal special dietetic requirements
Vitamin preparations [food supplements]
Medicinal oils
Health food supplements made principally of vitamins
Vitamin and mineral supplements
Medicinal herbal teas with hemp
Herbal compounds for medical use
Herbal medicine
Smoking herbs for medical purposes
Food supplements
Dietetic extracts for medical purposes
Extracts of medicinal plants
Medicines for alleviating constipation
By-products of the processing of cereals for dietetic or medical purposes
Anti-tumor preparations
Protein supplements for animals
Appetite stimulant preparations
Appetite suppressants
Topical gels for medical and therapeutic use
Massage gels for medical purposes
Medicinal ointments
Balms for pharmaceutical purposes
Pharmaceutical lipsalves
Creams (Medicated -) for the lips
Medicated lip care preparations
Medicated lip balm.
The mark was filed in class 31 with following description of goods:
Live animals, organisms for breeding
Agricultural and aquacultural crops, horticulture and forestry products
Algae for human or animal consumption
Plants
Fresh fruits, nuts, vegetables and herbs
Malts and unprocessed cereals
Natural turf
Flowers
Seeds, bulbs and seedlings for plant breeding
Seeds for planting
In particular cannabis and hemp
Trees and forestry products
Plant residues (raw materials)
Fungi
Foodstuffs and fodder for animals
Bedding and litter for animals
Bait, not artificial.
The mark was filed in class 32 with following description of goods:
Beer and brewery products
Soft drinks
Nut and soy based beverages
Flavoured carbonated beverages
Juices
Waters
Non-alcoholic preparations for making beverages
Fruit drinks
Alcoholic hemp based beverages
Namely beer
Non-alcoholic hemp based beer flavored beverages
Non-alcoholic hemp based beverages containing fruit juices
Non-alcoholic hemp based malt beverages
Hemp based whey beverages
Hemp based isotonic beverages.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Alcoholic preparations for making beverages
Alcoholic hemp based beverages
Alcoholic beverages containing hemp or hemp extracts
Liqueurs.
The mark was filed in class 34 with following description of goods:
Tobacco and tobacco substitutes
Cigarettes, cigars
Electronic cigarettes and oral vaporizers for smokers
Articles for use with tobacco
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Electronic cigarette liquid [e-liquid] with hemp extracts
Smoking sets for electronic cigarettes
Flavourings, other than essential oils, for tobacco
Tobacco products, In particular cigars, Cigarettes, Smoking tobacco, Tobacco for chewing or snuffing
Tobacco substitutes not for medical purposes
Smokers' articles, namely tobacco tins, cigar and cigarette holders, cigar and cigarette cases, ashtrays, none of the aforesaid goods of precious metals or their alloys or coated therewith, pipe stands, pipe cleaners, cigar cutters, pipes, pipe bags, lighters, pocket equipment for rolling cigarettes, cigarette papers, cigarette cases, cigarette filters