The trademark application Ayura Herbal was filed by Zsolt Bencze, a national of Hungary (the "Applicant") and Csaba Bencze, a national of Hungary (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on August 4, 2022, and it was registered by office on November 11, 2022 without any oppositions.
The application was filed in Hungarian (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 16, 2022. Change of name and professional address of the trademark registration was recorded on January 15, 2024.
The Refusal with reference B 018474441 was partially rejected according to Article 7(1)(g) EUTMR with decision issued on September 21, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Medicinal tea
Medicinal infusions
Diet capsules
Food supplements
Dietary supplements for humans
Dietary supplements for humans not for medical purposes
Powdered nutritional supplement drink mix
Dietary supplement drink mixes
Collagen for medical purposes.
The mark was filed in class 30 with following description of goods:
Tea
Tea pods
Prepared coffee beverages, (herbal coffee)
Freeze-dried coffee, (herbal coffee)
Prepared coffee and coffee-based beverages (herbal coffee)
Coffee-based beverages
Instant coffee, (herbal coffee)
Flavoured coffee, (herbal coffee)
(herbal coffee)
Coffee-based beverages, (herbal coffee)
Artificial coffee
Coffee in brewed form, (herbal coffee)
Ground coffee, (herbal coffee)
Unroasted coffee, (herbal coffee)
Tea and cocoa, artificial tea and cocoa
Substitutes (coffee-)
Coffee-based beverages, (herbal coffee)
Coffee-based beverages, (herbal coffee)
Coffee substitutes [artificial coffee or vegetable preparations for use as coffee]
Coffee [roasted, powdered, granulated, or in drinks], (herbal coffee)
Coffee extracts, (herbal coffee)
Mixtures of coffee, (herbal coffee)
Coffee in whole-bean form, (herbal coffee)
Unroasted coffee, (herbal coffee)
Ground coffee, (herbal coffee)
Vegetable based coffee substitutes
Decaffeinated coffee, (herbal coffee)
Coffee concentrates, (herbal coffee)
Cappuccino, (herbal coffee)
Instant cappuccino, (herbal coffee).
The mark was filed in class 32 with following description of goods:
Juices
Fruit juice concentrates
Fruit juice beverages
Soft drinks.
The mark was filed in class 35 with following description of goods:
Retail services in relation to medicinal tea
Retail services in relation to medicinal infusions
Retail services in relation to diet capsules
Retail services in relation to food supplements
Retail services in relation to dietary supplements for humans
Retail services in relation to dietary supplements for humans not for medical purposes
Retail services in relation to powdered nutritional supplement drink mix
Retail services in relation to dietary supplement drink mixes
Retail services in relation to collagen for medical purposes
Retail services in relation to tea
Retail services in relation to tea pods
Retail services in relation to: Prepared coffee beverages herbal coffee
Retail services in relation to: Freeze-dried coffee herbal coffee
Retail services in relation to: Ready-to-drink coffee and coffee-based beverages herbal coffee
Retail services in relation to coffee-based beverages
Retail services in relation to: Instant coffee herbal coffee
Retail services in relation to: Coffee in a variety of flavours herbal coffee
Retail services in relation to: herbal coffee
Retail services in relation to: Coffee-based beverages herbal coffee
Retail services in relation to artificial coffee
Retail services in relation to: Coffee in brewed form herbal coffee
Retail services in relation to: Ground coffee herbal coffee
Retail services in relation to: Unroasted coffee herbal coffee
Retail services in relation to: Tea and cocoa and substitutes therefor
Retail services in relation to: Substitutes (coffee-)
Retail services in relation to: Beverages made from coffee herbal coffee
Retail services in relation to: Coffee drinks herbal coffee
Retail services in relation to coffee substitutes [artificial coffee or vegetable preparations for use as coffee]
Retail services in relation to: Coffee [roasted, powdered, granulated, or in drinks] herbal coffee
Retail services in relation to: Coffee extracts herbal coffee
Retail services in relation to: Mixtures of coffee herbal coffee
Retail services in relation to: Whole coffee beans herbal coffee
Retail services in relation to: Unroasted coffee herbal coffee
Retail services in relation to: Ground coffee herbal coffee
Retail services in relation to vegetable based coffee substitutes
Retail services in relation to: Decaffeinated coffee herbal coffee
Retail services in relation to: Coffee concentrate herbal coffee
Retail services in relation to: cappuccino herbal coffee
Retail services in relation to: Instant cappuccino herbal coffee
Retail services in relation to juices
Retail services in relation to fruit juice concentrates
Retail services in relation to fruit juice beverages
Retail services in relation to non-alcoholic beverages
Wholesale services in relation to medicinal tea
Wholesale services in relation to medicinal infusions
Wholesale services in relation to diet capsules
Wholesale services in relation to food supplements
Wholesale services in relation to dietary supplements for humans
Wholesale services in relation to dietary supplements for humans not for medical purposes
Wholesale services in relation to powdered nutritional supplement drink mix
Wholesale services in relation to dietary supplement drink mixes
Wholesale services in relation to collagen for medical purposes
Wholesale services in relation to tea
Wholesale services in relation to tea pods
Wholesale services in relation to: Prepared coffee beverages herbal coffee
Wholesale services in relation to: Freeze-dried coffee herbal coffee
Wholesale services in relation to: Ready-to-drink coffee and coffee-based beverages herbal coffee
Wholesale services in relation to coffee-based beverages
Wholesale services in relation to: Instant coffee herbal coffee
Wholesale services in relation to: Coffee in a variety of flavours herbal coffee
Wholesale services in relation to: herbal coffee
Wholesale services in relation to: Coffee-based beverages herbal coffee
Wholesale services in relation to artificial coffee
Wholesale services in relation to: Coffee in brewed form herbal coffee
Wholesale services in relation to: Ground coffee herbal coffee
Wholesale services in relation to: Unroasted coffee herbal coffee
Wholesale services in relation to: Tea and cocoa and substitutes therefor
Wholesale services in relation to: Substitutes (coffee-)
Wholesale services in relation to: Beverages made from coffee herbal coffee
Wholesale services in relation to: Coffee drinks herbal coffee
Wholesale services in relation to coffee substitutes [artificial coffee or vegetable preparations for use as coffee]
Wholesale services in relation to: Coffee [roasted, powdered, granulated, or in drinks] herbal coffee
Wholesale services in relation to: Coffee extracts herbal coffee
Wholesale services in relation to: Mixtures of coffee herbal coffee
Wholesale services in relation to: Whole coffee beans herbal coffee
Wholesale services in relation to: Unroasted coffee herbal coffee
Wholesale services in relation to: Ground coffee herbal coffee
Wholesale services in relation to vegetable based coffee substitutes
Wholesale services in relation to: Decaffeinated coffee herbal coffee
Wholesale services in relation to: Coffee concentrate herbal coffee
Wholesale services in relation to: cappuccino herbal coffee
Wholesale services in relation to: Instant cappuccino herbal coffee
Wholesale services in relation to juices
Wholesale services in relation to fruit juice concentrates
Wholesale services in relation to fruit juice beverages
Wholesale services in relation to non-alcoholic beverages
Online retail services in relation to medicinal tea
Online retail services in relation to medicinal infusions
Online retail services in relation to diet capsules
Online retail services in relation to food supplements
Online retail services in relation to dietary supplements for humans
Online retail services in relation to dietary supplements for humans not for medical purposes
Online retail services in relation to powdered nutritional supplement drink mix
Online retail services in relation to dietary supplement drink mixes
Online retail services in relation to collagen for medical purposes
Online retail services in relation to tea
Online retail services in relation to tea pods
Online retail services in relation to: Prepared coffee beverages herbal coffee
Online retail services in relation to: Freeze-dried coffee herbal coffee
Online retail services in relation to: Ready-to-drink coffee and coffee-based beverages herbal coffee
Online retail services in relation to coffee-based beverages
Online retail services in relation to: Instant coffee herbal coffee
Online retail services in relation to: Coffee in a variety of flavours herbal coffee
Online retail services in relation to: herbal coffee
Online retail services in relation to: Coffee-based beverages herbal coffee
Online retail services in relation to artificial coffee
Online retail services in relation to: Coffee in brewed form herbal coffee
Online retail services in relation to: Ground coffee herbal coffee
Online retail services in relation to: Unroasted coffee herbal coffee
Online retail services in relation to: Tea and cocoa and substitutes therefor
Online retail services in relation to: Substitutes (coffee-)
Online retail services in relation to: Beverages made from coffee herbal coffee
Online retail services in relation to: Coffee drinks herbal coffee
Online retail services in relation to coffee substitutes [artificial coffee or vegetable preparations for use as coffee]
Online retail services in relation to: Coffee [roasted, powdered, granulated, or in drinks] herbal coffee
Online retail services in relation to: Coffee extracts herbal coffee
Online retail services in relation to: Mixtures of coffee herbal coffee
Online retail services in relation to: Whole coffee beans herbal coffee
Online retail services in relation to: Unroasted coffee herbal coffee
Online retail services in relation to: Ground coffee herbal coffee
Online retail services in relation to vegetable based coffee substitutes
Online retail services in relation to: Decaffeinated coffee herbal coffee
Online retail services in relation to: Coffee concentrate herbal coffee
Online retail services in relation to: cappuccino herbal coffee
Online retail services in relation to: Instant cappuccino herbal coffee
Online retail services in relation to juices
Online retail services in relation to fruit juice concentrates
Online retail services in relation to fruit juice beverages
Online retail services in relation to non-alcoholic beverages.