The trademark sweed was filed by Black Cave Ltd., a corporation established under the laws of the Republic of Malta (the "Applicant"). The application was published for oppositions on April 27, 2023, and received one opposition filed on July 24, 2023 by Tweed Inc. on Likelihood of confusion. the opponent was represented by PLOUGMANN VINGTOFT A/S and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 24, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003200295 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on July 24, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Toiletries
Perfumery
Detergents
Antiperspirants [toiletries]
Skin care preparations
Shaving preparations
Fragrance preparations.
The mark was filed in class 5 with following description of goods:
Medicine
Plant and herb extracts for medicinal use
Drugs for medical purposes
Plant extracts for pharmaceutical purposes
Pharmaceutical preparations
Cannabis related product, namely Oils, ointments, concentrated pastes, tinctures, tablets and capsules, all containing cannabis or cannabis derivatives, namely resins and oils for medical purposes
Medicinal herbs
Plant-based narcotics
Synthetic narcotics
Cannabis preparations for medical purposes
Cannabis preparations for pharmaceutical purposes
Smoking herbs for medical purposes
Cannabis-based dietary supplements.
The mark was filed in class 29 with following description of goods:
Cannabis oils, all for use in foodstuffs
Moulding material of resinous parts of cannabis plants [cannabis resin] for use in jellies, jams, compotes and milk products
Foodstuffs containing cannabis, cannabis resins and cannabis oils, Namely butter
Cannabis oil for food.
The mark was filed in class 30 with following description of goods:
Food products containing cannabis, cannabis resins, and cannabis oils namely chocolates, cookies, brownies, candy and food energy bars
Cannabis used in food products, Namely processed cannabis seeds
Cannabis related products, namely teas
Candy
Bread
Ice cream
Pastries, Tea-based beverages
Coffee
Processed cereals and starches for foodstuffs, and goods made therefrom
Prepared meals and Savoury snack food, namely corn-based. cereal-based and flour-based snack food
Cereal-based snack food containing cannabis, cannabis resins and cannabis oils.
The mark was filed in class 31 with following description of goods:
Plants
Garden herbs, fresh
Seeds for planting
Fungi.
The mark was filed in class 32 with following description of goods:
Cannabis related products, namely smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing cannabis or derivatives of cannabis namely resins and oils
Beer
Syrups for making flavoured mineral waters
Aerated water
Lemonades
Mineral water [beverages].
The mark was filed in class 33 with Alcoholic beverages (except beer).
The mark was filed in class 34 with following description of goods:
Matches
Matchboxes
Cigarette tips
Cigarettes
Cigarette filters
Herbs for smoking
Cigarette paper
Pocket machines for rolling cigarettes
Derivatives of cannabis, namely resins and oils, cannabis and marijuana
Absorbent paper for tobacco pipes
Flavourings, other than essential oils, for use in electronic cigarettes
Flavourings, other than essential oils, for tobacco
Ashtrays
Tips of yellow amber for cigar and cigarette holders
Electronic cigarettes
Firestones
Lighters for smokers
Gas containers for cigar lighters
Chewing tobacco
Liquid solutions for use in electronic cigarettes
Mouthpieces for cigarette holders
Pipe cleaners for tobacco pipes
Pipe racks for tobacco pipes
Snuff
Snuff boxes
Spittoons for tobacco users
Match holders
Tobacco
Tobacco pouches
Tobacco jars
Tobacco pipes
Oral vaporizers for smokers
Cigarettes containing tobacco substitutes, not for medical purposes
Cigarette cases
Books of cigarette papers
Cigarette holders
Cigarillos
Cigars
Cigar cutters
Cigar boxes
Humidifiers for cigars
Cigar holders
Tobacco and tobacco products (including substitutes)
Articles for use with tobacco
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Parts and accessories for all the aforesaid goods, included in this class.
The mark was filed in class 35 with following description of goods:
Retailing relating to pharmaceutical and medical articles, and sanitary preparations
Advertising services relating to the sale of goods
Advertising services relating to pharmaceutical products
Advertising services relating to the commercialization of new products
Commercial retailing, Wholesale and Commercial distribution, in relation to the following goods: marijuana and cannabis, cannabis related products and Cannabis derivatives
Commercial retailing, Wholesale and Commercial distribution, in relation to the following goods: Toiletries
Perfumery
Cleaning preparations
Deodorants
Skin care preparations
Shaving preparations
Fragrancing preparations
Pharmaceutical drugs
Plant and herb extracts for medicinal use
Drugs for medical purposes
Plant extracts for pharmaceutical purposes
Pharmaceutical preparations
Cannabis related products, Namely of Oils, ointments, concentrated pastes, tinctures, tablets and capsules, all containing cannabis or cannabis derivatives, namely resins and oils for medical purposes
Herbs for medical uses
Plant-based narcotics
Synthetic narcotics
Cannabis related products, For medical purposes
Cannabis related products, For pharmaceutical
Smoking herbs for medical purposes
Cannabis-based dietary supplements
Cannabis oils for use in foodstuffs
Moulding material of resinous parts of cannabis plants [cannabis resin] for use in jellies, jams, compotes and milk products
Foodstuffs containing cannabis, cannabis resins and cannabis oils, namely butter
Oils derived from cannabis, For food
Food products containing cannabis, cannabis resins and cannabis oils, Namely chocolate, Biscuits, small chocolate cakes (brownies), candies and energy bars
Cannabis used in food products, Namely of Processed cannabis seeds
Cannabis related products, Namely teas
Candies
Bread
Ice creams
Pastries
Tea-based beverages
Coffee
Processed cereals and starches for foodstuffs, and goods made therefrom
Cereal-based snack food containing cannabis, cannabis resins and cannabis oils
Plants
Fresh herbs
Seeds
Fungi
Cannabis related products, Namely of Smoothies, fruit juice beverages, carbonated soft drinks and energy drinks containing cannabis or cannabis derivatives, namely resins and oils
Beer
Syrups for making flavoured mineral waters
Aerated waters
Lemonades
Mineral waters
Alcoholic beverages other than beer
Matches
Match boxes
Cigarette tips
Cigarettes
Cigarette filters
Herbs for smoking
Cigarettes papers
Pocket cigarette rolling devices
Cannabis derivatives, Namely resins and oils, Cannabis and marijuana
Absorbent paper for tobacco pipes
Flavourings, other than essential oils, for use in electronic cigarettes
Flavorings for tobacco other than essential oils
Smoker's ashtrays
Tips of yellow amber for cigar and cigarette holders
Electronic cigarettes
Firestones
Lighters for smokers
Gas (reservoirs for lighters)
Chewing tobacco
Liquid solutions for use in electronic cigarettes
Mouthpieces for cigarette holders
Pipe cleaners (smoking)
Pipe racks [for tobacco pipes]
Snuff
Snuff boxes
Spittoons for tobacco users
Match holders
Tobacco
Pouches (tobacco)
Tobacco jars
Pipe for smoking
Oral vaporizers for smokers
Cigarettes containing tobacco substitutes, not for medical purposes
Cigarette cases
Books of cigarette papers
Tips for nozzles
Cigarillos
Cigars
Cigar cutters
Cigar cases
Humidifiers for cigars
Cigar holders
Tobacco and goods derived from tobacco, including tobacco substitutes
Smokers' articles
Vaporisers for personal use and electronic cigarettes, and flavourings and solutions therefor
Parts and fittings for the aforesaid goods, included in this class
Online retail sale of marijuana and cannabis
Provision of an online marketplace for buyers and sellers of goods and services
Advertising
Business management
Business administration.
The mark was filed in class 39 with following description of goods:
Transportation and storage
Packing articles for transportation
Packaging of goods
Packing of food
Goods warehousing.
The mark was filed in class 43 with Cafés, Bar, Restaurants, Clubs and Providing of food and drink and temporary accommodation..