The trademark HEMPÆ was filed by HEMPAE Sp. z o.o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on July 25, 2022, and received one opposition filed on October 24, 2022 by ICCT Pharma Ltd on Likelihood of confusion. the opponent was represented by FRKelly and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 24, 2022
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003181679 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 9, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Essential oils and aromatic extracts
Cleaning and fragrancing preparations
Toiletries
Body cleaning and beauty care preparations
Oral hygiene preparations
Perfumery and fragrances
Tissues impregnated with cosmetics
Cosmetics and cosmetic preparations
Massage oils
Conditioning creams
Face creams for cosmetic use
Body cream
Cosmetic kits
Perfumes
Antiperspirants [toiletries]
Beauty serums
All of the aforementioned goods only in relation to skincare, haircare, deodorants, aftershave, cleansers for personal hygiene, soap bars, cleansing bars, cleansing gels, sunbathing products with UV filters, toothpastes and fragrance products (e.g. perfumes).
The mark was filed in class 5 with following description of goods:
Medicated creams
Air deodorising and air purifying preparations
Sanitary preparations and articles
Dietary supplements and dietetic preparations
Dental preparations and articles
Hygienic lubricants
Dietetic infusions for medical use
Dietetic food preparations adapted for medical use
Mixed vitamin preparations
Medicinal tea
Vitamin supplements
Pharmaceuticals and natural remedies
Skin calming serum [medicated]
All of the aforementioned goods only in relation to skincare, haircare, deodorants, aftershave, cleansers for personal hygiene, soap bars, cleansing bars, cleansing gels, sunbathing products with UV filters, toothpastes and fragrance products (e.g. perfumes).
The mark was filed in class 35 with following description of goods:
Advertising, marketing and promotional services
Retail services in relation to hair products
Retail services relating to fragrancing preparations
Retail services connected with the sale of subscription boxes containing cosmetics
Retail services in relation to dietary supplements
Retail services in relation to toiletries
Retail services in relation to hygienic implements for humans
Retail services in relation to beauty implements for humans
Mail order retail services for cosmetics
Providing consumer product information relating to cosmetics
Wholesale services in relation to beauty implements for humans
All of the aforementioned services only in relation to skincare, haircare, deodorants, aftershave, cleansers for personal hygiene, soap bars, cleansing bars, cleansing gels, sunbathing products with UV filters, toothpastes and fragrance products (e.g. perfumes).