The trademark CANAPA-CO. was filed by Coltivana S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on April 19, 2022, and received one opposition filed on May 3, 2022 by Haider, Roland on Likelihood of confusion. the opponent was represented by Burgstaller & Partner Rechtsanwälte and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 3, 2022
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003170177 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 17, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Essential oils and aromatic extracts
Toiletries
Cosmetics
Perfumery and fragrances
Detergents
Herbal extracts for cosmetic purposes
Perfumed creams
Skin cream
Soap products
Cleaning and fragrancing preparations
Lotions, other than for medical purposes
Non-medicated creams
Washing creams
Extracts of flowers
Skin, eye and nail care preparations
Bath herbs
Body cleaning and beauty care preparations
Massage oils and lotions
Bath preparations
Non-medicated bath oils
Bath salts
Incense
Hair preparations and treatments
Shower and bath gel.
The mark was filed in class 5 with following description of goods:
Sanitary preparations and articles
Plant extracts for pharmaceutical purposes
Plant and herb extracts for medicinal use
Medicated creams
Medicinal oils
Pharmaceuticals
Homeopathic pharmaceuticals
Herbal teas and infusions for medicinal purposes
Dietary supplements and dietetic preparations
Medicated lotions
Medicated and sanitising soaps and detergents
Medicinal tea
Cannabis for medical purposes.
The mark was filed in class 7 with Vending machines.
The mark was filed in class 18 with following description of goods:
Luggage, bags, wallets and other carriers
Umbrellas and parasols
Bumbags
Rucksacks.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear
Parts of clothing, footwear and headgear.
The mark was filed in class 30 with following description of goods:
Flowers or leaves for use as tea substitutes
Processed hemp seeds [seasonings]
Preserved herbs
Processed herbs
Herbal preparations for making beverages
Herbal honey
Herbal teas
Tea extracts (non-medicated -)
Tea leaves
Tea and infusions, not medicinal
Flavourings of tea
Pastries, cakes, tarts and biscuits (cookies)
Muffins
Jelly beans
Candies
Cereal bars and energy bars
Chocolate
Sweetmeats [candy].
The mark was filed in class 31 with following description of goods:
Seeds, bulbs and seedlings for plant breeding
Flowers
Grasses [plants]
Plants
Hemp plants
Hemp seeds, unprocessed
Natural edible plants [unprocessed]
Hemp for human or animal consumption
Agricultural produce (unprocessed -)
Cannabis, unprocessed
Cannabis plants
Dried flowers
Hemp unprocessed.
The mark was filed in class 32 with following description of goods:
Beer and non-alcoholic beer
Non-alcoholic beverages
Non-alcoholic preparations for making beverages
Mineral and aerated waters
Fruit beverages and fruit juices
Syrups and other preparations for making non-alcoholic beverages.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Alcoholic essences and extracts
Cider
Liqueurs
Pre-mixed alcoholic beverages
Rum-based beverages
Spirits [beverages]
Wine
Alcoholic preparations for making beverages.
The mark was filed in class 34 with following description of goods:
Flavourings, other than essential oils, for tobacco
Tobacco containers and humidors
Liquid solutions for use in electronic cigarettes
Tobacco and tobacco products (including substitutes)
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Articles for use with tobacco
Loose, rolling and pipe tobacco
Flavourings for tobacco
Herbs for smoking
Tobacco substitutes
Dried hemp
Derivated of hemp, namely resins and oils
Hemp for recreational purposes
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Matches
Lighters for smokers
Tobacco grinders
Cigarette rolling machines
Cigarette rolling papers
Electronic cigarette liquid [e-liquid] comprised of flavourings in liquid form used to refill electronic cigarette cartridges.
The mark was filed in class 35 with following description of goods:
Retailing, wholesaling, online sales and sales by mail order of essential oils and aromatic extracts, toiletries, cosmetics, perfumery and fragrances, detergents, herbal extracts for cosmetic purposes, perfumed creams, skin cream, soap products, cleaning and fragrancing preparations, lotions, other than for medical purposes, non-medicated creams, washing creams, extracts of flowers, skin, eye and nail care preparations, bath herbs, body cleaning and beauty care preparations, massage oils and lotions
Retailing, wholesaling, online sales and sales by mail order of bath preparations, non-medicated bath oils, incense, bath salts, hair preparations and treatments, shower and bath gel
Retailing, wholesaling, online sales and sales by mail order of sanitary preparations and articles, plant extracts for pharmaceutical purposes, plant and herb extracts for medicinal use, medicated creams, medicinal oils, pharmaceuticals, homeopathic pharmaceuticals, herbal teas and infusions for medicinal purposes, dietary supplements and dietetic preparations, medicated lotions, medicated and sanitising soaps and detergents, medicinal tea, cannabis for medical purposes
Retailing, wholesaling, online sales and sales by mail order of flowers or leaves for use as tea substitutes, processed hemp seeds [seasonings], preserved herbs, processed herbs, herbal preparations for making beverages, herbal honey, herbal teas, tea extracts (non-medicated -), tea leaves, tea and infusions, not medicinal, flavourings of tea, pastries, cakes, tarts and biscuits (cookies), muffins, jelly beans, candies, cereal bars and energy bars, chocolate, sweetmeats [candy]
Retailing, wholesaling, online sales and sales by mail order of seeds, bulbs and seedlings for plant breeding, flowers, grasses [plants], plants, hemp plants, hemp seeds, unprocessed, natural edible plants [unprocessed], hemp for human or animal consumption, agricultural produce (unprocessed -), cannabis, unprocessed, cannabis plants, dried flowers, hemp unprocessed
Retailing, wholesaling, online sales and sales by mail order of flavourings, other than essential oils, for tobacco, tobacco containers and humidors, liquid solutions for use in electronic cigarettes, tobacco and tobacco products (including substitutes), cigarettes, cigars, cigarillos and other ready-for-use smoking articles, articles for use with tobacco, loose, rolling and pipe tobacco, flavourings for tobacco, herbs for smoking, tobacco substitutes, dried hemp, derivated of hemp, namely resins and oils
Retailing, wholesaling, online sales and sales by mail order of hemp for recreational purposes
Retailing, wholesaling, online sales and sales by mail order of luggage, bags, wallets and other carriers, Umbrellas and parasols, Bumbags, Rucksacks, Clothing, Footwear, Headgear, Parts of clothing, footwear and headgear, Beer and non-alcoholic beer, Non-alcoholic beverages, Non-alcoholic preparations for making beverages, Alcoholic beverages (except beer), Alcoholic essences and extracts, Cider, Liqueurs, Pre-mixed alcoholic beverages, Rum-based beverages, Spirits [beverages], Wine
Retailing, wholesaling, online sales and sales by mail order of Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor, Matches, Lighters for smokers, Tobacco grinders, Cigarette rolling machines, Cigarette rolling papers, Electronic cigarette liquid [e-liquid] comprised of flavourings in liquid form used to refill electronic cigarette cartridges
Compilation of information into computer databases
Distribution of samples for publicity purposes
Provision of commercial information
Business management assistance
Business administration
Commercial information and advice for consumers [consumer advice shop]
Advisory services for business management
Consultancy services regarding business strategies
Advertising, marketing and promotional services
Business advice relating to strategic marketing
Commercial intermediation services
Organization of trade fairs
Merchandising
Retailing, wholesaling, online sales and sales by mail order of mineral and aerated waters, Fruit beverages and fruit juices, Syrups and other preparations for making non-alcoholic beverages, Alcoholic preparations for making beverages.
The mark was filed in class 44 with Cultivation of plants and agriculture, aquaculture, horticulture and forestry services..