EUTM file information

018719375

THANK YOU EARTH

June 19, 2022

Trademark Summary

The trademark THANK YOU EARTH was filed by Global Horticare Innovations B.V., a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on August 7, 2022, and received undefined oppositions.

Opposition Proceedings

There are undefined Oppositions claimed against trademark.

The first opposition filed on November 7, 2022 by Thankyou Group Pty Ltd on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by McGovern, Patricia and its proceedings were handled in English The second opposition filed on October 31, 2022 by August Storck KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS HASCHE SIGLE PARTNERSCHAFT VON RECHTSANWÄLTEN UND STEUERBERATERN MBB and its proceedings were handled in English

The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).

The Opposition with reference B 003182057 was rejected according to Article 8(1)(b) EUTMR with decision issued on July 28, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 1 with following description of goods:
    1. Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
    2. Biological preparations for use in industry and science, but not including products for dental hygiene
    3. Soil additives
    4. Ameliorants for the soil and Soil improving preparations
    5. Products for promoting growth in flowers, plants, trees and shrubs
    6. Fertilizers
    7. Peat [fertilizer]
    8. Compost
    9. Soil, not included in other classes and Prepared soils
    10. Potting soil and soil mixes not included in other classes
    11. Natural materials for use as compost
    12. Nutrients for plants
    13. Tree and plant growth regulating preparations and preparations for promoting soil health.
  • The mark was filed in class 16 with following description of goods:
    1. Paper and cardboard
    2. Printed matter
    3. Teaching materials [except apparatus]
    4. Instructional materials
    5. Printed publications, Including the following goods: Books, Magazines [periodicals], Magazines, Leaflets, brochures, Manuals [handbooks] and Other printed matter, all of the aforesaid goods relating to the subject of gardening and soil health promotion.
  • The mark was filed in class 29 with following description of goods:
    1. Fish, seafood and molluscs, Including tuna
    2. Meat, poultry and game
    3. Meat extracts
    4. Preserved, frozen, dried and cooked fruits, Preserved, frozen, dried and cooked potatoes, preserved, frozen, dried and cooked mushrooms, preserved, frozen, dried and cooked nuts and Preserved, frozen, dried and cooked vegetables
    5. Jellies, jams, compotes
    6. Eggs
    7. Milk, cheese, butter, yoghurt and other milk products
    8. Oils and fats for food
    9. Snack foods and snack food products, Based on the following goods: Fish, not live, Seafood, Molluscs, Meat, poultry, game, Cheese, Vegetables, Fruits, Potatoes, Agaric and/or Nuts
    10. Prepared meals, Frozen meals and ready meals, Based on the following goods: Fish, not live, Seafood, Molluscs, Meat, poultry, game, Cheese, Vegetables, Fruits, Potatoes, Agaric and/or Nuts
    11. But not including soups, mixes, prepared soups, powders and preparations for making soups or soup concentrates.
  • The mark was filed in class 30 with following description of goods:
    1. Coffee, tea, cocoa and substitutes therefor
    2. Rice, pasta and noodles
    3. Tapioca and sago
    4. Flour and preparations made from cereals
    5. Bread, pastry and confectionery
    6. Chocolate
    7. Edible ices, sorbets and other edible ices
    8. Sugar, honey, treacle
    9. Yeast, baking-powder
    10. Salt, condiments, spices, preserved herbs
    11. Vinegar, sauces (condiments), and other spices
    12. Ice [frozen water]
    13. Rice-based, cereal-based and/or pasta-based snack food and snack products
    14. Prepared meals, Frozen meals and ready meals, Based on the following goods: Rice, Cereals and/or pasta
    15. But not including muesli, muesli bars, foodstuffs and other preparation made whole or predominantly from cereals, muesli or oats, snack foods made wholly or predominantly from cereals, muesli or oats, muesli consisting predominantly of cereals or flavourings for soups.
  • The mark was filed in class 35 with following description of goods:
    1. Advertising
    2. Business management
    3. Business administration
    4. Office functions
    5. Publication of advertising texts
    6. Distribution of advertising material
    7. Promotional activities, Including the promotion of permaculture
    8. Advertising
    9. Business organisation, business economic and business administration consultancy
    10. Marketing
    11. Market canvassing, market research and market analysis
    12. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Chemicals used in industry, science and photography, as well as agriculture, horticulture and forestry, Biological preparations for use in industry and science, Soil additives, Soil improvers, Soil conditioners, Products for promoting growth in flowers, plants, trees and shrubs and Manures
    13. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Peat (fertiliser), Compost, Land and Prepared soils, potting soil and Soil mixes, natural materials for use as compost, Plant nutrients, Tree and plant growth regulating preparations and preparations for promoting soil health
    14. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Paper and Cardboard, Printed matter, instructional and teaching material (except apparatus), Instructional material, Printed publications, including books, magazines, leaflets, brochures, manuals and other printed matter, all relating to the subjects of gardening and soil health promotion
    15. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Fish, Seafood and molluscs, Including tuna, Meat, poultry and game, Meat extracts, Preserved, frozen, dried and cooked fruit, Preserved potatoes, Frozen potatoes, Dried potatoes, Boiled potatoes, Mushrooms, preserved, Frozen mushrooms, Dried mushrooms, Mushrooms, cooked, Preserved nuts (fruits), Frozen nuts, Dried nuts, Cooked nuts, Preserved frozen, dried and cooked vegetables, Jellies, jams, compotes, Eggs, milk, cheese, butter, yoghurt and other milk products, Oils and fats for food
    16. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: snack food products and Snack products, Based on the following goods: Fish, Seafood, Molluscs, Meat, poultry, Game, Cheese, Vegetables, Fruit, Potatoes, Mushrooms and/or Nuts (fruits), Prepared meals, Frozen meals and Prepared meals, Based on the following goods: Fish, Seafood, Molluscs, Meat, poultry, Game, Cheese, Vegetables, Fruit, Potatoes, Mushrooms and/or Nuts (fruits)
    17. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Coffee, tea, cocoa and substitutes therefor, rice, pasta and noodle products, Tapioca and sago, Flour and preparations made from cereals, Bread loaves, Pastry and confectionery, Chocolate, Edible ices, Sorbets and other edible ices
    18. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Sugar, honey, treacle, yeast, baking-powder, Salt, condiments, spices, preserved herbs, Vinegar, Sauces (condiments) and other spices, Ice (frozen water), snack food products and Snack products, Based on the following goods: rice, Grains and/or pasta, Prepared meals, Frozen meals and ready meals, Based on the following goods: rice, Grains and/or pasta
    19. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Recorded and downloadable media, Computer software, Blank digital or analogue recording and storage media, Digital content, podcasts and Videocasts, electronic books, Electronic magazines, Electronic magazines, Electronic leaflets, electronic brochures, electronic handbooks, Electronic learning devices and Electronic educational materials
    20. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Unprepared and unprocessed agricultural, Unprepared and unprocessed cereals and seeds, Fresh fruits, Fresh potatoes, Fresh vegetables, Fresh champignons and fresh herbs
    21. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Natural plants and flowers, Flower bulbs, seedlings and plant seeds, Live animals, food and drink for animals, Malt, drink items, Foodstuffs, Beer, Non-alcoholic beverages, Mineral and aerated waters, Fruit drinks and fruit juices, Syrups and other preparations for making non-alcoholic beverages
    22. Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Alcoholic beverages, Alcoholic preparations for making beverages, Liqueurs, including made from passion fruit, Garden requisites
    23. Provision of commercial information
    24. Organisation of events for commercial and advertising purposes
    25. Compilation and management of data files
    26. Consultancy and information regarding the aforesaid services
    27. The aforesaid services also provided via electronic networks, such as the Internet
    28. None of the above including retail or wholesale services in respect of products for dental hygiene, soups, mixes, prepared soups, powders and preparations for making soups including soup concentrates, muesli, muesli bars, foodstuffs and other preparation made whole or predominantly from cereals, muesli or oats, snack foods made wholly or predominantly from cereals, muesli or oats, muesli consisting predominantly of cereals or flavourings for soups.
  • The mark was filed in class 41 with following description of goods:
    1. Education
    2. Training
    3. Entertainment services
    4. Sporting and cultural activities
    5. Arranging and conducting of conferences, congresses, symposiums, seminars, lectures, workshops, training and courses, The aforesaid services including in the following fields: Gardening and Promotion of soil health
    6. Gardening workshops and Gardening courses
    7. Publishing, Issuing, Lending and Distribute In connection with the following goods: Lending libraries, Magazines, MAGAZINE, Leaflets, brochures, Handbooks [manuals], Instructional and educational materials, other printed matter and Periodicals, As well as electronic publications, Audiovisual productions and Multi-media productions, The aforesaid goods, including in the following fields: Gardening and Promotion of soil health
    8. Consultancy and information regarding the aforesaid services
    9. The aforesaid services also provided via electronic networks, such as the Internet
    10. All of the aforesaid limited to the fields of gardening and promotion of soil health.
  • The mark was filed in class 44 with following description of goods:
    1. Services in the field of agriculture, aquaculture, horticulture and forestry
    2. Services of a nursery (garden)
    3. Flower care, Plant care services, Care of trees and Shrub care
    4. Advise, Information and Information relating to the following fields: Gardening and Promotion of soil health
    5. Consultancy and information regarding the aforesaid services, including via electronic networks, such as the Internet.