The trademark Princess Stardust was filed by Princess Stardust GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on February 18, 2021, and received one opposition filed on May 11, 2021 by Rigo Trading S.A. on Likelihood of confusion. the opponent was represented by Behler, Alexander and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 11, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on April 6, 2021.
The Appeal with reference B R1907/2023-1 was No decision on opposition according to Article 66 EUTMR with decision issued on November 20, 2023 by the EUIPO. The Opposition with reference B 003146676 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 5, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Herbal preparations
Cosmetics
Cosmetics in the form of powders, capsules and tablets
Cosmetics with a base of cannabis.
The mark was filed in class 5 with following description of goods:
Nutritional supplements
Dietary supplements for humans
Herbal supplements
Supplements containing cannabis
Cannabis-based dietary supplements
Food supplements for non-medical purposes
Pharmaceutical products and health-care products
Dietetic substances and health care preparations
Dietetic preparations adapted for medical use
Medicated and dermatological preparations for body and beauty care
Drugs for medical purposes
Pharmaceutical drugs
Medical preparations
Chemical preparations for pharmaceutical purposes
Pharmaceuticals and natural remedies
Extracts of medicinal herbs
Medicinal herbs
Medicinal herb infusions
Cachets for pharmaceutical purposes
Capsules for medicines
Medicinal herbs in dried or preserved form
Elixirs [pharmaceutical preparations]
Plant extracts for pharmaceutical purposes
Plant extracts for medical use
Vitamin preparations
Pastilles for pharmaceutical purposes
Cannabis related product, Namely concentrates in tablet and capsule form, all the aforesaid containing cannabis or derivatives of cannabis, namely resins and oils for medical or therapeutic purposes
Herbs for medical purposes, all the aforesaid containing cannabis or derivatives of cannabis, namely resins and oils
Homeopathic pharmaceuticals
Plant-based narcotics
Synthetic narcotics
Biological preparations for medical purposes
Chemical preparations for medical purposes
Cannabis preparations for medical purposes
Cannabis preparations for pharmaceutical purposes
Dietetic foods adapted for medical purposes
Medicinal drinks
Nervines
Dietetic foodstuffs and substances adapted for medical use
Chewing gum for medical purposes.
The mark was filed in class 30 with following description of goods:
Food products containing cannabis, cannabis resins, and cannabis oils namely chocolates, cookies, brownies, candy and food energy bars
Cannabis used in food products, Namely processed cannabis seeds
Cannabis related products, namely teas
Essences for foodstuffs, except etheric essences and essential oils
Flavourings, other than essential oils, for beverages
Flavourings, other than essential oils, for cakes
Flowers or leaves for use as tea substitutes
Sweetmeats [candy]
Buns
Bread
Dessert mousses [confectionery]
Ice cream
Iced tea
Essences for foodstuffs, except etheric essences and essential oils
Vinegar
Pastries
Fruit coulis [sauces]
Tea cakes
Pastries containing fruit
Barm cakes
Tea-based beverages
Spices
Honey
Coffee
Caramels
Chewing gum
Biscuits
Garden herbs, preserved [seasonings]
Crackers
Cakes
Liquorice [confectionery]
Food flavourings, other than essential oils
Gingerbread
Marinades
Flour
Muesli
Natural sweeteners
Infusions, not medicinal
Noodles
Peppermint sweets
High-protein cereal bars
Puddings
Sauces [condiments]
Sauces [condiments]
Chocolate
Chocolate-based beverages
Chocolate-based spreads
Chocolate spreads containing nuts
Pasta
Processed seeds for use as a seasoning
Seasonings
Aromatic preparations for food
Sugar
Bonbons made of sugar
Sweetmeats [candy]
Rusks
Preparations made from cereals
Pastries
Truffles [confectionery]
Flour confectionery
Candy coated confections
Edible ices
Sugar, honey, treacle
Cereal preparations coated with sugar and honey
Yeast powder
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Salt
Mustard
Prepared meals and spicy snacks, namely snacks based on cannabis, corn, cereals, flour or sesame, biscuits and crackers, pancakes, pasta, rice and cereal foodstuffs, pies and farinaceous foods, sandwiches and pizzas
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products
Ice, ice creams, frozen yogurts and sorbets
Coffee, teas and cocoa and substitutes therefor
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Artificial coffee
Cocoa
Tea.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages with a base of cannabis
Marketable cannabis preparations, namely smoothies, Fruit beverages and fruit juices, carbonated soft drinks, and energy drinks, all the aforesaid containing marketable cannabis or derivatives of marketable cannabis, namely resins and oils
Mineral and aerated waters
Aperitifs, non-alcoholic
Non-alcoholic fruit drinks and fruit juices
Syrups and Other non-alcoholic preparations for preparing or making beverages.
The mark was filed in class 34 with following description of goods:
Matches
Matchboxes
Cigarette tips
Cigarettes
Cigarette filters
Herbs for smoking
Cigarette paper
Pocket machines for rolling cigarettes
Derivatives of cannabis, namely resins and oils, cannabis and marijuana
Absorbent paper for tobacco pipes
Flavourings, other than essential oils, for use in electronic cigarettes
Flavourings, other than essential oils, for tobacco
Ashtrays
Tips of yellow amber for cigar and cigarette holders
Electronic cigarettes
Firestones
Lighters for smokers
Gas containers for cigar lighters
Chewing tobacco
Liquid solutions for use in electronic cigarettes
Mouthpieces for cigarette holders
Pipe cleaners for tobacco pipes
Pipe racks for tobacco pipes
Snuff
Snuff boxes
Spittoons for tobacco users
Match holders
Tobacco
Tobacco pouches
Tobacco jars
Tobacco pipes
Oral vaporizers for smokers
Cigarettes containing tobacco substitutes, not for medical purposes
Cigarette cases
Books of cigarette papers
Cigarette holders
Small cigars
Cigars
Cigar cutters
Cigar boxes
Humidifiers for cigars
Cigar holders
Tobacco and tobacco products (including substitutes)
Articles for use with tobacco
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Advertising
Advertising, marketing and promotional services
Business management
Business administration
Office functions
Commercial information in connection with perfume
Presentation of goods and services in retail outlets and online shops
Operation of retail outlets and online shops, Namely arranging and concluding of contracts for the buying and selling of goods and for the use of services (for others)
Operating online shops, Namely order placement, Delivery services and invoice management
Display and demonstration of goods
Collection of goods, for others, for presentation purposes
Presentation of goods (for others), for sales purposes
Import and export services
Ordering services
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Cosmetology, herbal preparations, Cosmetics, Cosmetics in the form of powders, capsules and tablets, cosmetics with a base of cannabis
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Nutritional supplements, Food supplements for human beings, Food supplements of plant origin, Food supplements of cannabis, food supplements with a base of cannabis, food supplements, not for medical purposes
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Pharmaceutical and sanitary preparations and substances, Dietetic substances and health care preparations, Dietetic preparations and substances for medical use, Medical and dermatological preparations for cosmetic purposes
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: drugs for medical purposes, Pharmaceutical drugs, medicated preparations, chemical preparations for pharmaceutical purposes, Pharmaceutical and natural medicines, Extracts of medicinal herbs, Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Medicinal herbs, Medicinal infusions
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Cachets for pharmaceutical purposes, Capsules for medicines
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Medicinal herbs in dried or preserved form, Elixirs (pharmaceutical preparations)
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Plant extracts for pharmaceutical purposes, plant extracts adapted for medical use, Vitamin preparations, lozenges for pharmaceutical purposes
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: cannabis related products, Namely concentrates in tablet and capsule form, all the aforesaid containing cannabis or derivatives of cannabis, namely resins and oils for medical or therapeutic purposes, herbs for medical purposes, all the aforesaid containing cannabis or derivatives of cannabis, namely resins and oils
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Homeopathic medicines, Plant-based narcotics, synthetic narcotics, Biological preparations for medical purposes, chemical preparations for medical purposes, Cannabis preparations for medical purposes, cannabis preparations for pharmaceutical purposes, Dietetic foods adapted for medical use, Medicinal beverages, Nervines
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Dietary food and substances adapted for medical use, Chewing gum for medical purposes, cannabis resins and cannabis oils, All for use in foodstuffs
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Food products containing cannabis, cannabis resins and cannabis oils, namely meat and Products based on meat, In particular meat spreads, fish, seafood and molluscs, not live, In particular fish spreads, Seafood spreads and Molluscs spreads
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Food containing cannabis, cannabis resins and cannabis oils, namely dairy preparations and substitutes therefor, In particular cheese, Egg products, Edible oils and fats, Processed fruits, fungi, Vegetables, Nuts and pulses, In particular gels and Jellies, Jams, compotes, fruit spreads and Vegetable spreads, Soups and stocks, meat extracts
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Cannabis oil for food, cannabis resin for food, processed cannabis preparations for food
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Food products containing cannabis, cannabis resins and cannabis oils, Namely chocolate, Biscuits, small chocolate cakes (brownies), candies and energy bars, Cannabis used in food products, Namely prepared cannabis seeds, cannabis related products, Namely teas
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Essences for food (other than essential essences and essential oils)
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Flavorings, other than essential oils, for beverages
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Flavourings, other than essential oils, for cakes, Flowers or leaves for use as tea substitutes, candies, Buns, bread
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Dessert mousses [confectionery], ice creams, Iced tea, Essences for foodstuffs, except etheric essences and essential oils, Vinegar
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Pastries, compotes, Biscuits for tea, Pastries containing fruit, Viennese pastries
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: beverages based on tea, Spices, Honey, Coffee, Caramels [candy], Chewing-gum, Biscuits
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Garden herbs, preserved (spice), Crackers (pastries), Cake, Liquorice (confectionery), Food flavorings, other than essential oils
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Gingerbread, marinades, Flour, Muesli, Natural sweeteners
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: non-medicinal infusions, Noodles, Peppermint candy
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: High-protein cereal bars, puddings, Sauces (condiments), Sauces (condiment)
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Chocolate, Chocolate drinks, Chocolate-based spreads, chocolate spreads containing nuts
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Pasta, Processed seeds for use as a condiment, condiments, aromatic preparations for food
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Sugar, Confectionery, Biscotti, Preparations made from cereals, Pastries, Truffles (confectionery), Flour-based confectionery, Candy-coated confections, Ices, sugar, honey, treacle, Cereal preparations coated with sugar and honey
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Yeast powder, Processed grains, starches, and goods made thereof, baking preparations and yeasts, Salt, mustard, Convenience food and savory snacks, Namely snack food with a base of cannabis, corn, cereals, flour or sesame, Biscuits and crackers, Pancakes, Pasta, Rice and cereal foodstuffs, Pâtés en croûte and pastries, Sandwiches, Pizzas, Edible salt, condiments, Spices
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Flavourings for drinks, Sugars, natural sweeteners, sweet coatings and coverings, beekeeping products, Ice, ice creams, frozen yogurts and sorbets, Coffee, tea, cocoa and substitutes therefor, Processed grains, starches, and goods made thereof, baking preparations and yeasts, Substitutes (coffee-), Cocoa, tea
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Non-alcoholic beverages with a base of cannabis, marketable cannabis preparations, namely smoothies, Fruit drinks and fruit juices, carbonated soft drinks and Energy drinks, all the aforesaid containing marketable cannabis or derivatives of marketable cannabis, namely resins and oils
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Mineral and aerated waters, Aperitifs (non-alcoholic), Alcoholic fruit beverages and fruit juices, Syrups and Other non-alcoholic preparations for preparing or making beverages
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Alcoholic beverages (except beer), Alcoholic preparations for making beverages, Fortified wine
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Matches, match boxes, cigarette tips, cigarettes, Cigarette filters, herbs for smoking, Cigarettes papers, Pocket cigarette-rolling machines, Cannabis derivatives, Namely resins and oils, Cannabis and marijuana, Absorbent paper for tobacco pipes
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Flavourings, other than essential oils, for use in electronic cigarettes, flavorings for tobacco other than essential oils, Smoker's ashtrays, Tips of yellow amber for cigarette holders and Tips for nozzles, electronic cigarettes
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Firestones, Lighters for smokers, Gas (reservoirs for lighters), chewing tobacco, Liquid solutions for use in electronic cigarettes, Mouthpieces for cigarette holders, Pipe cleaners (smoking), Pipe racks [for tobacco pipes], Snuff, Snuff boxes, Spittoons for tobacco users, match holders, Tobacco, Pouches (tobacco), Tobacco jars, Pipe for smoking
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: oral vaporizers for smokers, Cigarettes containing tobacco substitutes, not for medical purposes, Cigarette cases, Cigar boxes, books of cigarette papers, Tips for nozzles, Cigarillos, cigars, Cigar cutters, Cigar cases, Humidifiers for cigars, Cigar holders
Procurement services, for others, and retailing, In particular via the Internet, Of the following goods: Tobacco and tobacco products, Including tobacco substitutes, Smokers' articles, Vaporisers for personal use and electronic cigarettes, and flavourings and solutions therefor, Parts and fittings for the aforesaid goods, included in this class.