The trademark Hempati was filed by Widora International Srl, a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on September 26, 2021, and received one opposition filed on November 30, 2021 by Solidmind Group GmbH on Likelihood of confusion. the opponent was represented by WEITNAUER RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 30, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003159449 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on March 16, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Perfumery and essential oils for household use..
The mark was filed in class 29 with following description of goods:
Flavoured oils
Oils for food
Blended oils for food
Vegetable oils for food
Blended vegetable oils for culinary purposes
Edible oils for use in cooking foodstuffs
Blended oil [for food]
Edible oils and fats.
The mark was filed in class 34 with following description of goods:
Electronic cigarettes
Cartridges for electronic cigarettes
Holders for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Flavourings, other than essential oils, for use in electronic cigarettes
Refill cartridges for electronic cigarettes
Smoking sets for electronic cigarettes
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Tobacco pipes
Pipes for smoking mentholated tobacco substitutes
Electronic smoking pipes
Tobacco tins
Smokers' articles, not of precious metal
Smokers' articles of precious metal
Tobacco and tobacco substitutes
Flavourings, other than essential oils, for tobacco
Snuff boxes
Articles for use with tobacco
Oral vaporizers for smokers
Cigarette paper
Tobacco and tobacco products (including substitutes)
Flavourings for tobacco
Tobacco substitutes not for medical purposes
Tobacco substitutes
Lighters for smokers
Tea for smoking as a tobacco substitute
Flavorings, other than essential oils, for tobacco substitutes
Devices for heating tobacco substitutes for the purpose of inhalation
Herbs for smoking
Cigarette cases
Cigarettes containing tobacco substitutes
Liquid solutions for use in electronic cigarettes.