The trademark HEMANI was filed by Fatema Sachoo, a national of the United States of America (the "Applicant") and HEMANI HERBAL, LLC, a Limited Liability Company (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on November 30, 2022, and received one opposition filed on January 31, 2023 by HEMANN, s.r.o. on Likelihood of confusion. the opponent was represented by Bárová, Petra and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 31, 2023
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 30, 2023.
The Opposition with reference B 003189546 was refused according to Article 8(1)(b) EUTMR with decision issued on February 22, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Cosmetics
Nail polish
Tea tree oil for non-medicated skin care preparations
Non-medicated skin care preparations, namely, facial washes
Facial creams
Hand creams
Skin whitening creams
Hair oil
Hair shampoos and conditioners
Deodorant for personal use
Essential oils
Scented wood
Incense
Body creams
Body lotions
Henna for cosmetic purposes
Body wash
Hand soap
Body soap
Bath bombs
Cosmetic masks
Sunscreen preparations
Perfumes
Beard oil
Hair gel
Toothpaste
Pre-moistened cosmetic wipes
Non-medicated skin care preparations and serums, namely face mists
Non-medicated face serums.
The mark was filed in class 5 with following description of goods:
Medicated hair care preparations, namely, hair shampoos and conditioners for preventing hair loss
Medicated skin care preparations
Medicated hair care preparations, namely, anti-lice oil
Antibacterial soap
Dietary and nutritional supplements
Hand-sanitizing preparations
Sports cream for relief of pain.
The mark was filed in class 29 with following description of goods:
Edible oils and fats
Coconut milk for culinary purposes
Coconut powder
Flaked coconut
Unflavored and unsweetened gelatins
Coconut cream
Processed chickpeas
Dried lentils
Dried beans
Legume-based snack foods.
The mark was filed in class 30 with following description of goods:
Flour
Rice
Milled flax seeds
Tea
Herbal tea
Edible turmeric powder
Dried mustard seeds for use as a seasoning or condiment
Dried cumin seeds for use as a seasoning or condiment
Baking powder
Baking soda
Yeast
Edible custard powder
Edible spices
Dried herbs
Garlic paste for use as a seasoning
Ginger paste for use as a seasoning
Soy sauce
Chili sauce
Tamarind for use as a condiment
Papadums.
The mark was filed in class 32 with following description of goods: