The trademark INFERNUS was filed by FLOWER GENETICS, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on June 2, 2021, and received one opposition filed on August 3, 2021 by YODEYMA PARFUMS, S.L. on Likelihood of confusion. the opponent was represented by PONS IP, S.A.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003152020 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on August 28, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Veterinary preparations and substances
Marijuana for medical purposes
Cannabis for medical purposes
Medicinal herbs
Extracts of medicinal herbs
Medicinal herb infusions
Medicinal preparations and substances
Medicinal drinks
Herbal beverages for medicinal use
Cooling sprays for medical purposes
Transdermal patches
Dietary supplements and dietetic preparations
Medicated food supplements
Dietary and nutritional preparations
Dietary fibre
Meal replacement powders
Nutritional supplement meal replacement bars for boosting energy
Pharmaceutical preparations and substances
Anaesthetics
Topical gels for medical and therapeutic use
Medicated creams
Medicated lotions
Medicinal ointments
Analgesics
Antibiotics
Antiseptics.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Sportswear
Bathing suits
Underwear.
The mark was filed in class 31 with following description of goods:
Seeds, bulbs and seedlings for plant breeding
Natural plants and flowers
Seeds for planting.
The mark was filed in class 34 with following description of goods:
Articles for use with tobacco
Electronic cigarettes
Cartridges for electronic cigarettes
Electronic cigarette cleaners
Electronic cigarette atomizers
Electronic cigarette boxes
Liquid solutions for use in electronic cigarettes
Smoking sets for electronic cigarettes
Flavourings, other than essential oils, for use in electronic cigarettes
Flavourings, other than essential oils, for use in electronic cigarettes
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Oral vaporizers for smokers.
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Business management
Import and export services
Business brokerage services
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Distribution of samples
Provision of an online marketplace for buyers and sellers of goods and services
Retail services in relation to: pharmaceuticals, veterinary goods, medicated preparations and substances, Nutritional supplements
Retail services in relation to: Seeds, flowers and natural plants
Retail services in relation to articles for use with tobacco.
The mark was filed in class 41 with following description of goods:
Teaching
Training
Coaching [training]
Arranging of workshops and seminars
Entertainment services
Sporting and cultural activities
Arranging and conducting of conferences, congresses and symposiums.