The trademark ROYAL HORTICULTURAL SOCIETY was filed by The Royal Horticultural Society, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on July 24, 2022, and received one opposition filed on October 23, 2022 by S.A.T. N° 8697 ROYAL on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CASAS ASIN, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 23, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 16, 2023. Change of name and professional address of the trademark registration was recorded on January 26, 2023.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used for agriculture
Chemicals used for horticulture
Chemicals used for forestry
Compost
Manures
Fertilisers
Fertilising preparations
Peat [fertilisers]
Peat pots for horticulture
Potting soil
Seed preserving substances
Soil for growing
Topsoil
Wood pulp
Agricultural lime
Soil improvers
Soil conditioners
Top dressings for lawns
Plant feeds
Garden feeds [fertilizers].
The mark was filed in class 2 with following description of goods:
Anti-corrosive preparations
Inks for marking
Inks for printing
Paints
Varnishes
Lacquers
Preservatives against rust and against deterioration of wood
Colorants
Dyes
Raw natural resins
Pigments
Wood stains
Wood preservatives
Wood preservation treatments.
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations
Air fragrancing preparations
Bleaching preparations [decolorants] for household purposes
Chemical cleaning preparations for household purposes
Cleaning preparations
Detergents, other than for use in manufacturing operations and for medical purposes
Fumigation preparations [perfumes]
Toiletries
Cosmetics
Skin cleansing preparations
Skin care preparations
Hair cleansing preparations
Hair care preparations
Shower gel
Body lotion
Body butter
Beauty masks
Hand cream
Lip balm
Make-up
Soap
Hand wash, sun protection cream
Reed diffusers
Scented sachets
Room mists
Pot pourri oil
Perfume
Cleaning sprays
Cleaning fluids
Cleaning substances for household use
Cleaning preparations for household purposes
Cleaning preparations for patios, paths, driveways, fencing and decking
Mould removing preparations.
The mark was filed in class 4 with following description of goods:
Candles
Tea lights
Scented candles
Nightlights [candles]
Wicks for lighting
Wicks for candles
Christmas tree candles
Wax
Candle wax
Wax lights
Beeswax
Firelighters
Firewood
Fuel
Lamp wicks
Lubricants
Wood briquettes.
The mark was filed in class 5 with following description of goods:
Preparations for destroying vermin
Fungicides
Herbicides
Air deodorizing preparations
Air purifying preparations
Antibacterial handwashes
Antibacterial soap
Disinfectants
Insect repellent incense
Pesticides
Moss killers
Insect repellents
Bird repellents
Insecticides
Anti-insect sprays
Cat repellents
Chemical preparations for treating mildew
Domestic pesticides
Preparations for controlling insects
Preparations for killing weeds
Preparations for destroying insects
Repellents for animals
Soil-sterilising preparations
Weedkillers
Weedicides.
The mark was filed in class 6 with following description of goods:
Metal materials for building and construction
Mall items of metal hardware
Metal containers for storage
Metal storage sheds
Sheds [buildings] of metal
Bicycle sheds [structures] of metal
Stores [strong rooms] of metal
Metal screens [other than furniture]
Metal fence panels
Arches of metal
Metal structures
Metal lock boxes
Securing wire for plants
Wire nets and gauzes
Wire
Pergolas of metal
Garden arches of metal
Obelisks of metal
Crates of metal
Cabins made of metal
Cold frames of metal
Metal greenhouses
Trellis of metal
Metal fencing
Gates of metal
Blinds of metal
Compost bins of metal
Arbours of metal
Baskets of metal.
The mark was filed in class 8 with following description of goods:
Hand tools and implements, hand operated
Garden tools and equipment (hand-operated)
Manicure sets
Pedicure sets
Pincers
Knives, forks and spoons being cutlery
Trowels
Weeding forks
Digging forks
Rakes
Secateurs
Pruners
Hoes
Spades
Shovels
Cultivators (hand tools)
Shears
Scissors
Tool belts
Tool bags [filled]
Garden tool sets
Sprays [hand-operated tools]
Agricultural sprayers [hand operated]
Razors
Nippers
Insecticide vaporizers
Aerators (hand tools)
Dibbers (hand tools)
Lawn edgers
Fruit pickers [hand tools]
Forks
Knives
Loppers [hand tools]
Hand saws
Fertilizer scoops
Weeding tools [hand operated].
The mark was filed in class 9 with following description of goods:
Apparatus and instruments for recording, transmitting, reproducing or processing sound, images or data
Recorded and downloadable media
Bags adapted for laptops
Downloadable computer software applications
Decorative magnets
Downloadable graphics for mobile phones
Downloadable image files
Audio visual recordings
Audio recordings
Video recordings
Downloadable e-books
Downloadable educational course materials
Downloadable podcasts
Downloadable sound recordings
Compact discs
Downloadable electronic publications
Downloadable electronic publications relating to gardens, gardening and horticulture
Downloadable instructional material
Cases for mobile phones and tablet computers
Covers for mobile phones and tablet computers
Spectacles
Sunglasses
Cases for spectacles
Cases for sunglasses
Protective eyewear
Gloves for protection against accidents
Knee-pads for workers
Protective helmets
Protective masks
Science sets for children being teaching apparatus
Protective clothing
Rain gauges
Thermometers
Kitchen scales
Virtual reality software and hardware
Augmented reality software and hardware
Computer software and application software in the field of artificial intelligence (ai).
The mark was filed in class 11 with following description of goods:
Apparatus and installations for lighting
Apparatus and installations for heating
Apparatus and installations for cooking
Electric candles
Flameless candles
Christmas lights [other than candles]
Hot water bottles
Fitted fabric covers for hot water bottles
Ornamental fountains
Irrigation apparatus for horticulture use
Automatic watering installations
Garden sprinklers [automatic]
Lamps
Lampshades
Lamp fittings
Lamp stands
Lamp bases
Propagators [electric]
Fire pits
Cooking grills
Barbecue grills
Barbecues
LED candles
LED lamps
LED lightening installations.
The mark was filed in class 14 with following description of goods:
Jewellery, precious stones
Horological and chronometric instruments
Clocks
Clock cases
Key rings [trinkets or fobs]
Medals
Key fobs
Necklaces
Rings [trinket]
Earrings
Cufflinks
Key rings
Badges of precious metal
Jewellery boxes
Ornamental pins
Tie pins
Sundials
Watch bands
Watches
Works of art of precious metal.
The mark was filed in class 16 with following description of goods:
Paper, cardboard
Printed matter
Bookbinding material
Stationery
Drawing materials and materials for artists
Paint brushes
Instructional and teaching material
Instructional and teaching material for gardening and horticulture
Plastic materials for packaging (not included in other classes)
Printers' type
Printing blocks
Books
Books relating to gardening and horticulture
Educational books
Education books relating to gardening and horticulture
Fictional books
Factual books
Factual and instructional books relating to gardening and horticulture
Recipe books
Guide books
Prints
Prints relating to gardening and horticulture
Canvas prints
Prints of paintings, lithographs
Slides
Photographs
Photographs relating to gardening and horticulture
Framed photographs
Paintings
Paintings relating to gardening and horticulture
Framed paintings
Lithographs
Framed lithographs
Printed illustrations
Postcards
Greetings cards
Correspondence cards
Photograph albums
Books of images, photographs, lithographs, illustrations, prints and paintings
Memo pads
Diaries
Calendars
Advent calendars
Address books
Invitation cards
Stickers
Notebooks
Shopping lists
Cards
Posters
Publications
Brochures
Booklets
Pamphlets
Periodicals
Papers
Leaflets
Magazines
Journals
Jotters
Writing materials
Writing cases
Writing implements
Writing sets
Pens
Blotters
Pencil cases
Pen sets
Pencil sets
Clipboards
Lining paper for drawers
Scented lining paper for drawers
Desk pads
Flower pot covers of paper
Albums
Table cloths, table linen and table napkins, all of paper
Paper, pads and books, all for writing or for drawings
Wrapping paper
Gift wrap
Instructional and teaching material relating to horticulture
Gift bags
Gift boxes
Gift tags
Tissue paper
Paper shopping bags
Paper bags and sacks
Place mats of paper
Paper coasters
Paper lunch bags
Plastic films for wrapping
Paper handkerchiefs
Paper towels
Decorative boxes made of paper
Plastic films for packaging
Score-cards
Score pads.
The mark was filed in class 17 with following description of goods:
Hoses
Watering hoses
Garden hoses
Non-metallic hoses pipes
Plastic films, other than for wrapping
Plastic waterproof film [other than for wrapping]
Plastic films for agricultural purposes
Texture wall film
Plastic film for packing, cushioning or stuffing purposes [other than for wrapping]
Decorative plastic films being semi-finished products
Vinyl wrapping for vehicle exteriors
Window masking films
Tinted films for vehicles
Tinted plastic films for use on windows
Anti-glare films for windows [tinted films].
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Luggage and carrying bags
Umbrellas and parasols
Walking sticks
Collars, leashes and clothing for animals
Bags
Cosmetic bags
Make-up bags
PVC bags
Tool bags, empty
Canvas bags
Tote bags
Backpacks
Toiletry bags
Wallets
Credit card holders
Purses
Handbags
Hiking sticks
Key cases
Rucksacks
Shopping bags
Travelling bags.
The mark was filed in class 19 with following description of goods:
Building materials (non-metallic)
Non-metallic transportable buildings
Monuments, not of metal
Bird baths [structures, not of metal]
Chicken-houses, not of metal
Works of art of stone, concrete or marble
Lime
Limestone
Garden sheds of wood
Garden sheds of non-metallic materials
Sheds
Bicycle sheds [structures] of non-metallic materials
Sand
Gravel
Grit
Paving stones
Huts
Stones
Curb stones
Wooden buildings
Buildings (non-metallic -) in the form of cabins
Pergolas (non-metallic)
Garden arches (non-metallic)
Obelisks (non-metallic)
Cold frame boxes (non-metallic -)
Non-metal greenhouse frames
Trellises, not of metal
Non-metallic fencing
Non-metal gates
Tiles
Laminates (non-metallic -)
Greenhouses, transportable not of metal
Outdoor blinds, not of metal and not of textile
Insect screens
Waterbutts.
The mark was filed in class 20 with following description of goods:
Furniture
Outdoor furniture
Mirrors
Picture frames
Containers, not of metal, for storage or transport
Works of art of wood, wax, plaster or plastic
Bins, not of metal
Nesting boxes
Wind chimes
Flower-pot pedestals
Kennels for household pets
Bean bags
Stools
Kneeling stools
Kneeling frames
Seat pads
Chair pads
Wicker baskets
Hampers [baskets]
Storage baskets [furniture]
Crates
Seats
Tables
Covers (shaped -) for furniture
Table tops
Cushions
Indoor blinds
Personal compact mirrors
Compost bins of plastic
Wood planters
Hanging baskets [flower] of non-metallic materials
Cushions for kneeling or sitting on
Pads for kneeling or sitting on
Kneelers.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Cookware and tableware, except forks, knives and spoons
Combs and sponges
Brushes, except paintbrushes
Brush-making materials
Articles for cleaning purposes
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware
Bird baths
Birdcages
Cages for household pets
Cosmetic utensils
Gardening gloves
Indoor terrariums [plant cultivation]
Sprinklers for watering flowers and plants
Syringes for watering flowers and plants
Watering cans
Cool bags
Lunch boxes
Fitted toilet bags
Thermal insulated bags for food or beverages
Oven gloves
Mugs
Ceramic mugs
Cups
Tea cosies
Place mats, not of paper or textile
Place mats of plastic
Fitted cosmetic bags
Plates
Bowls
Napkin holders
Trays
Potting trays
Baskets
Litter baskets
Laundry baskets
Plant baskets
Fitted picnic baskets
Flasks
Tea sets
Perfume bottles
Perfume sprayers
Cake stands
Cake slicers
Biscuit barrels
Toast racks
Pottery
Cleaning articles
Buckets
Waste baskets
Bird feeding tables
Sprinklers
Lawn sprinklers
Insect traps
Coasters (tableware)
Drinking vessels
Vacuum flasks
Bottles
Chopping boards
Food storage containers
Picnic crockery
Toothbrushes
Jugs
Vases
Goblets
Flower pots
Plant pots
Pots
Planters of earthenware
Planters of porcelain
Planters of clay
Tumblers
Window boxes
Repotting containers for plants
Containers for flowers
Insect screens
Serving utensils.
The mark was filed in class 22 with following description of goods:
Ropes
String
Nets
Tents and tarpaulins
Awnings of textile or synthetic materials
Sails
Sacks for the transport and storage of materials in bulk
Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics
Raw fibrous textile materials and substitutes therefor
Strips for tying-up vines
Wrapping or binding bands, not of metal
Canvas bags for storage [not for luggage or travel]
Fabric gift bags
Packaging bags of textile material
Bags [sacks] for packaging materials in bulk
Plastic-covered mesh fabric bags for growing plants and trees
Fleece wool
Sacks
Twine
Raffia
Outdoor blinds of textile.
The mark was filed in class 24 with following description of goods:
Textiles
Textile material
Bed and table covers
Curtains of textile or plastic
Shower curtains of textile or plastic
Sleeping bags
Tea towels
Place mats, not of paper
Table cloths not of paper
Table napkins of textile
Towels
Bed linen
Textile coasters
Fleece made from polyester
Textile handkerchiefs
Covers [loose] for furniture
Fabrics for textile use
Picnic blankets
Horticultural fleece
Insect protection mesh
Wall hangings
Mural hangings.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Aprons
Sandals
Boots
Slippers
Scarves
Socks
Caps
Shoes
Shirts
Nightwear
Eye masks
Sleep masks
Belts [clothing]
Coats
Earmuffs [clothing]
Hats
Headbands [clothing]
Jackets [clothing]
Jerseys [clothing]
Leggings [trousers]
Outer clothing
Overalls
Shawls
Tee-shirts
Trousers
Waterproof clothing
Children's clothing
Wellington boots.
The mark was filed in class 26 with following description of goods:
Lace, braid and embroidery
Haberdashery ribbons and bows
Buttons, hooks and eyes, pins and needles
Artificial flowers
Sewing baskets
Artificial flower arrangements
Artificial plants
Artificial garlands
Artificial wreaths
Artificial Christmas wreaths
Badges for, not of precious metal.
The mark was filed in class 27 with following description of goods:
Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors
Wall hangings (non-textile)
Wallpaper
Artificial turf
Artificial grass
Wallcoverings
Vinyl wall coverings
Door mats
Bath mats
Mural hangings (non-textile).
The mark was filed in class 28 with following description of goods:
Games, toys and playthings
Video game apparatus
Gymnastic and sporting articles
Decorations for Christmas trees
Playing cards
Card games
Christmas trees of synthetic material
Toy tea sets
Christmas crackers
Swings
Balls for games
Building games
Jigsaw puzzles
Scale model kits
Toy models.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Jellies, jams, compotes
Eggs
Milk, cheese, butter, yogurt and other milk products
Cream [dairy products]
Oils and fats for food
Fruit spreads
Nut-based spreads
Vegetable pastes
Marmalade
Meat preserves
Preserves, pickles
Processed seeds
Nuts, prepared
Olives, prepared
Potato based snack foods
Fruit based snack foods
Nut based snack foods
Seed based snack foods
Vegetable based snack foods
Turkey.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastries and confectionery
Chocolate
Ice cream, sorbets and other edible ices
Sugar, honey, treacle
Yeast, baking-powder
Salt, seasonings, spices, preserved herbs
Vinegar, sauces and other condiments
Ice [frozen water]
Spices
Ice
Chocolates
Nougat
Sweets
Boiled sweets
Fruit jellies
Candy
Fudge
Toffee
Truffles
Flakes of chocolate
Chutneys
Savoury sauces, chutneys and pastes
Biscuits
Cookies
Cakes
Cereal-based snack food
Chocolate-based beverages
Chocolate-based spreads
Chutneys [condiments]
Coffee-based beverages
Condiments
Crackers
Ice cream
Oat-based food
Rice-based snack food
Sandwiches
Tea-based beverages
Herbal teas
Fruit sauces.
The mark was filed in class 31 with following description of goods:
Grains and agricultural, horticultural and forestry products not included in other classes, excluding fruit and vegetables
Seeds
Seedlings
Grasses
Natural plants and flowers
Foodstuffs for animals
Malt
Plants
Grafted plants and flowers
Hybrid plants and flowers
Genetically modified plants and flowers
Trees
Shrubs
Foliage plants
House plants
Tubers
Corns
Fresh herbs
Hedging plants
Turf
Bird food
Mulch
Bark mulches
Turkeys [live]
Fresh cut wreaths
Fresh cut garlands.
The mark was filed in class 32 with following description of goods:
Beers
Non-alcoholic beverages
Mineral and aerated waters
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages
Water
Carbonated water
Table waters
Soft drinks
Vegetable juices.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages
Alcoholic preparations for making beverages
Spirits
Gin
Whisky
Liqueurs
Wine
Cider.
The mark was filed in class 35 with following description of goods:
Advertising
Mail order advertising
Dissemination of advertising matter
Business management, organization and administration
Demonstration of goods
Distribution of samples
Shop window dressing
Presentation of goods on communication media, for retail purposes
Display of goods and services by electronic means for TV shopping and home shopping purpose
Business inquiries
Cost price analysis
Marketing studies
Marketing research
Price comparison services
Outsourcing services [business assistance]
Import-export agencies
Sales promotion for others
Marketing
Provision of an on-line marketplace for buyers and sellers of goods and services
Providing business information via a web site
Arrange and organize marketing for others
Procurement services for others [purchasing goods and services for other businesses]
Organization of trade fairs and exhibitions for commercial or advertising purposes
Organisation, operation and supervision of loyalty and incentive schemes
Arranging subscriptions to publications for others
Advertising services to promote public awareness of environmental matters
Business research
Arranging promotion of charitable fundraising events
Advertising and marketing services provided by means of social media, television and radio
Outdoor advertising and marketing
Online advertising and marketing
Arranging of subscriptions and membership schemes relating to gardens, gardening and horticulture
Retail services in relation to membership club services relating to gardening
Developing promotional campaigns for school gardening
Retail services and online retail services in relation to chemicals for use in agriculture, chemicals for use in forestry, chemicals for use in horticulture, composts, fertilizers, manures, paints, varnishes, wood preservatives, cleaning articles, cleaning preparations, cosmetics, fragrancing preparations, toiletries, candles, fuels, lubricants, fungicides, herbicides, preparations for destroying vermin, building materials, metal hardware, agricultural equipment, beauty implements for humans
Retail services and online retail services in relation to cutlery, gardening articles, gardening products, hand-operated agricultural, gardening and landscaping tools, hand-operated implements for construction, hand-operated tools for construction, horticultural equipment, horticultural products, horticulture equipment, horticulture products, hygienic implements for humans, kitchen knives, audio-visual equipment, computer hardware, domestic electrical equipment, domestic electronic equipment
Retail services and online retail services in relation to downloadable electronic publications, information technology equipment, recorded content, cooling equipment, food cooking equipment, food preparation implements, heaters, heating equipment, lighting, jewellery, time instruments, art materials, books, disposable paper products, educational supplies, printed matter, prints, publications, stationery, stationery supplies, works of art, bags, luggage, umbrellas
Retail services and online retail services in relation to construction equipment, earthmoving equipment, assembled garden buildings, garden buildings ready for assembly, assembled outdoor buildings, outdoor buildings ready for assembly, assembled wooden buildings and wooden buildings ready for assembly, cups and glasses, furnishings, furniture, household utensils and containers, kitchen utensils and containers, pots, soft furnishings, cookware, kitchen appliances, tableware, fabrics, home textiles, clothing, clothing accessories, fashion accessories, footwear, headgear, dressmakers articles, floor coverings, mats, wall coverings
Retail services and online retail services in relation to festive decorations, games, playthings, toys, dairy products, food, foodstuffs, meats, baked goods, bakery products, chocolate, cocoa, coffee, confectionery, delicatessen products, desserts, preparations for making beverages, teas, flowers, pet products, plants, trees, shrubs, seeds, beer, drink, non-alcoholic beverages, alcoholic beverages
Information, advisory and consultancy services relating to the aforesaid services.
The mark was filed in class 36 with following description of goods:
Financial services
Monetary services
Charitable fund raising
Charitable collections
Issuing of tokens of value in relation to incentive schemes
Providing project grants for environmental and health awareness projects
Financial research
Issuing of vouchers
Financial grant services
Information, advisory and consultancy services relating to the aforesaid services.
The mark was filed in class 39 with following description of goods: