The trademark BLUE SKY BOTANICS was filed by Blue Sky Botanics Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on August 24, 2021, and received one opposition filed on November 23, 2021 by GUANGZHOU QINGXIU RIHUA CO., LTD. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by KG LAW FIRM, KYRIAKIDES GEORGOPOULOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 23, 2021
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 1, 2021. Appointment and Replacement of representative of the trademark registration was recorded on May 27, 2021.
Goods And Services
The mark was filed in class 1 with following description of goods:
Botanical extracts for use as ingredients in making cosmetics
Tea extracts for use as ingredients in cosmetics
None of the aforesaid goods to be used in nail varnishes, nail polishes or nail care products.
The mark was filed in class 3 with Essential oils for flavouring beverages and food, aromatics and extracts of flowers for flavouring beverages and food.
The mark was filed in class 5 with following description of goods:
Extracts of parts of or whole plants for medicinal and therapeutic purposes
Extracts of parts of or whole plants for medicinal and therapeutic infusions
Extracts of parts of or whole plants for medicinal and therapeutic preparations
Herbal supplements
Tinctures for medicinal purposes.
The mark was filed in class 29 with following description of goods:
Purees made from fruits, vegetables, seeds and nuts
Fruit pulp
Processed edible flowers, algae, cacti, fruit, vegetables, seaweed and fungi
Preserved edible flowers, algae, cacti, fruit, vegetables, seaweed and fungi.
The mark was filed in class 30 with following description of goods:
Natural food flavourings
Processed herbs
Processed flowers and plants for flavouring
Preserved herbs
Preserved flowers and plants for flavouring
Food flavourings (non-essential oils)
Aromatic preparations for food
Infusions
Tea extracts
Distillates for flavouring
Purees made from cereal, and grains and herbs for flavouring.
The mark was filed in class 32 with Juices made from fruits, vegetables, plants and roots and non-alcoholic essences and fruit extracts for making beverages..