The trademark CAPSOIL was filed by CAPSOIL LLC, a Limited Liability Company (the "Applicant"). The application was published for oppositions on October 6, 2022, and received one opposition filed on January 3, 2023 by Frey + Lau GmbH on Likelihood of confusion. the opponent was represented by STORK BAMBERGER PATENTANWÄLTE PARTMBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 3, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003187174 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on September 4, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Botanical, herbal and plant extracts in powder form and encapsulated oils in powder form sold as a component part of Cosmetics
Non-medicated toiletry preparations
Perfumeries
Nail care preparations
Hair care preparations
Skin care preparations
Sun creams
Day creams
Eye creams
Eye gels
Hair gels
Face gels
Cosmetic preparations
Body cleaning and beauty care preparations
Cleaning fluids
Cleansing balm
Cleansing foam
Cleansing gels
Cleansing lotions
Cleansing oil
Non-medicated cleansing creams
Preparations for cleaning teeth
Tooth care preparations
Teeth cleaning lotions
Tooth gel
Toothpaste
Sets of cosmetic oral care products
Oral care preparations [non-medicated]
Dentifrices and mouthwashes
Non-medicated bath salts
Non-medicated soaps.
The mark was filed in class 5 with following description of goods:
Botanical, herbal and plant extracts in powder form and encapsulated oils in powder form sold as a component part of Dietary and nutritional preparations and supplements
Herbal and botanical nutritional preparations and supplements
Dietary and nutritional supplemental drinks and mixes.
The mark was filed in class 29 with following description of goods:
Botanical, herbal and plant extracts in powder form and encapsulated oils in powder form sold as a component part of preserved, frozen, dried or cooked vegetables
Processed potatoes
Preserved fruits
Frozen fruits
Dried fruits
Dried fruits in powder form
Cooked fruits
Processed fruits, fungi, vegetables, nuts and pulses
Snack mixes consisting of dehydrated fruit and processed nuts
Snack mixes consisting of processed fruits and processed nuts
Processed fruits
Mushrooms, prepared
Preserved mushrooms
Preserved, frozen, dried or cooked meat, poultry, game and fish, all in the form of extracts, powders, soups, jellies, spreads, preserves, ready-to-serve frozen meals and ready-to-serve dehydrated meals
Meat
Cooked meat
Bottled cooked meat
Canned cooked meat
Dried meat
Extracts of meat
Freeze-dried meat
Frozen meat
Meat extracts
Meat gelatines
Meat jellies
Meat paste
Meat spreads
Preserved meat
Prepared meat
Processed meat
Processed meat products
Frozen meals consisting primarily of meat
Poultry
Cooked poultry
Frozen poultry
Poultry extracts
Preserves of poultry
Dehydrated chicken
Frozen meals consisting primarily of poultry
Game
Game, not live
Preserves of game
Fish
Boiled and dried fish
Cooked fish
Dried fish meat
Frozen fish
Fish products being frozen
Fish, preserved
Canned fish
Preserved fish
Processed fish
Processed seafood
Food products made from fish
Fish products prepared for human consumption
Fish extracts
Fish jellies
Fish mousses
Fish paste
Fish spread
Frozen meals consisting primarily of fish
Soups
Soup powders
Extracts for soups
Soups and stocks, meat extracts
Preparations for making soups
Jams
Milk
Cream
Butter
Cheese
Cheese products
Milk products
Powdered milk
Milk-based beverages
Milk-based snacks
Milk substitutes
Milk beverages
Milk-based beverages flavored with chocolate
Milk based beverages containing coffee
Yogurt
Soya milk
Coffee whiteners consisting principally of dairy products
Edible oils and fats
Sausages charcuterie
Peanut butter
Nut-based spreads
Nut-based snack foods
Soup concentrates
Beef bouillon
Bouillon
Bouillon concentrates
Concentrates (Bouillon -)
Preparations for making bouillon
Broth concentrates
Milk solids
Sweetened condensed milk
Condensed milk.
The mark was filed in class 30 with following description of goods:
Botanical, herbal and plant extracts in powder form and encapsulated oils in powder form sold as a component part of chocolate
Bread
Rice
Pastries
Biscuits
Cookies
Cakes
Wafers
Candies
Bread mixes
Cake mixes
Mixtures for making pastries
Pasta
Noodles
Confectionery
Ice confectionery
Frozen confections
Mixtures for making frozen confections
Bubble gum
Chewing gum
Cereal based snack foods
Processed cereals
Breakfast cereals
Cereal bars
Muesli
Corn flakes
Ready-to-eat cereals
Corn-based snack foods
Wheat-based snack foods
Gelatin-based snacks
Puddings
Honey
Honey substitutes
Treacle
Ice, Ice creams, Frozen yogurts and sorbets
Sorbets
Edible ices
Seasonings
Cocoa
Chocolate-based beverages
Cocoa-based beverages
Coffee
Artificial coffee
Coffee-based beverages
Coffee capsules
Coffee capsules, filled
Coffee pods
Tea
Tea-based beverages
Herbal teas
Iced tea
Malt extracts used as flavoring
Malt extracts for food
Condiments
Sauces
Sauce mixes
Food seasonings
Edible spices
Salad dressings
Malt-based food preparations.
The mark was filed in class 32 with following description of goods:
Botanical, herbal and plant extracts in powder form and encapsulated oils in powder form sold as a component part of still water, sparkling water
Aerated water
Spring water
Mineral water
Table water
Flavored waters
Flavored mineral water
Drinking water with vitamins
Drinking mineral water
Fruit-flavored beverages
Fruit-based beverages
Fruit juice
Concentrated fruit juice
Vegetable juice
Fruit nectars
Non-alcoholic fruit juice beverages
Fruit flavored soft drinks
Syrups for making beverages
Water-based beverages containing tea extracts
Whey beverages
Soya-based beverages, other than milk substitutes
Malt-based beverages
Non-alcoholic malt beverages
Non-alcoholic malt drinks
Malt beer
Isotonic beverages
Energy drinks
Smoothies
Sherbet beverages
Protein-enriched sports beverages
Concentrates for making isotonic drinks and beverages
Isotonic beverages
Concentrates for use in the preparation of soft drinks
Isotonic drinks
Concentrates for making beverages
Powder preparation used for making non-alcoholic beverage
Syrups used in the preparation of soft drinks
Powders used in the preparation of soft drinks
Powders for effervescing beverages
Powders for the preparation of beverages
Powders used in the preparation of fruit-based drinks
Powders used in the preparation of fruit-based beverages.