The trademark Unique Plants was filed by Sven Mysliwiec, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on September 6, 2022, and received one opposition filed on December 2, 2022 by FRUTAS Y VERDURAS EL MONARCA, S.L.U. on Likelihood of confusion. the opponent was represented by INTERMARK PATENTES Y MARCAS, S.L.P. (ALSO TRADING AS LIDERMARK PATENTES Y MARCAS) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 2, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on July 1, 2021. Change of name and address of the trademark registration was recorded on December 12, 2021.
Goods And Services
The mark was filed in class 1 with following description of goods:
Soil for growing
Potting soil
Potting grits
Compost, manures, fertilizers
Nutrients for plants
Prepared soils
Soil substitutes
Soil amendments
Ameliorants for the soil
Soil additives
Substrates used in agriculture, horticulture and forestry
Perlite for use in horticulture
Moulded growing media consisting of peat
Peat pots for horticulture
Peat for the cultivation of seeds
Filtering media [mineral substances]
Filtering materials of vegetable substances.
The mark was filed in class 8 with following description of goods:
Fastening and joining tools
Hand tools and implements [hand-operated]
Agricultural, gardening and landscaping tools
Handles for hand-operated hand tools
Sprayers for use in horticulture [hand tool]
Shears
Working knives
Pruning knives.
The mark was filed in class 21 with following description of goods: