The trademark CocaFlora was filed by Null GTP Harvey Michał Gąstał, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 19, 2021, and received one opposition filed on December 19, 2021 by The Coca-Cola Company on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HOYNG ROKH MONEGIER ESPAÑA, S.L.U. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 19, 2021
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 1 with following description of goods:
Potting soil
Soil for growing
Soil for growing
Growing media, fertilizers and chemicals for use in agriculture, horticulture and forestry
Organic potting soil
Prepared soils for the germination of seeds
Horticultural growing media composts
Compost
Inorganic fertilizers
Liquid fertilisers
Natural fertilizers
Organic fertilizers
Nutrients for plants
Horticultural potting mixtures
Growing media for plants
Horticulture growing media
Soil additives
Soil for growing
Fertilizers for the land
Fertilizers for soil
Fertiliser for soil and potting soil
Plant fertilizers
Fertilizers for household plants
Fertilizers for domestic use
Growing media.
The mark was filed in class 31 with following description of goods:
Plants
House plants
Flowering plants
Fresh plants
Natural plants
Grasses [plants]
Potted plants
Climbing plants
Natural plants
Living fruit plants
Foliage plants
Flowers
Flowers
Trees and forestry products
Aloe vera plants
Pennyroyal [plants]
Natural edible plants [unprocessed]
Natural plants and flowers
Natural greenery for decoration
Palm trees
Trees
Fruit trees
Potted dwarfed trees (bonsai)
Saplings
Natural bonsai trees
Live trees
Peppers [plants]
Aloe vera, fresh, for food
Agricultural and aquacultural crops, horticulture and forestry products.
The mark was filed in class 35 with following description of goods:
Market campaigns
Compilation of advertisements for use on the internet
Compilation of advertisements for use as web pages on the Internet
Compilation of advertisements
Compilation, production and dissemination of advertising matter
Digital marketing
Promotional marketing
Sales promotion
Promotion, advertising and marketing of on-line websites
Advertising
Advertising and marketing
Online advertising on a computer network
Advertising via electronic media and specifically the internet
Online advertisements
Advertisements (Placing of -)
Dissemination of advertisements via the Internet
Dissemination of advertising via online communications networks
Arranging of auctions
Organisation of internet auctions
Arranging and conducting auctions
Arranging and conducting of Internet auctions
Auctioning via telecommunication networks
Conducting interactive virtual auctions
Carrying out auction sales
Auction and reverse auction services
Providing on-line auction services
On-line auctioneering services via the Internet
Auctioneering services provided via telecommunication networks
Retail services in relation to gardening articles
Retail services in relation to horticulture equipment
Retail services in relation to gardening products
Retail services relating to horticultural products