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EUTM file information

018776085

U-EARTH

October 13, 2022

Trademark Summary

The trademark U-EARTH was filed by U-earth Biotech Ltd, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on November 10, 2022, and received one opposition filed on February 9, 2023 by TRU EARTH ENVIRONMENTAL PRODUCTS INC. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. 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 February 9, 2023

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

The Opposition with reference B 003190124 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on June 17, 2024 by the EUIPO.

Goods And Services

  • The mark was filed in class 7 with following description of goods:
    1. Filtering machines
    2. Cartridges for filtering machines
    3. Electric machines and apparatus for cleaning
    4. Filters being parts of machines
    5. Filters being parts of motors
    6. Filters being parts of engines
    7. Engines for air cleaning apparatus.
  • The mark was filed in class 9 with following description of goods:
    1. Protective masks, not for medical purposes
    2. Anti-pollution masks for respiratory protection
    3. Filters for non-medical respiratory masks
    4. Respiratory masks for the prevention of accidents or injury, other than for artificial respiration
    5. Protective and safety equipment
    6. Software
    7. Mobile apps
    8. Environmental monitoring software
    9. Air and water quality monitoring software
    10. Software for air and water purification apparatus, machines and installations
    11. Software for accessing social networks and interacting with online communities operating in the environmental and sustainability fields
    12. Downloadable software providing access to online virtual environments and extended virtual reality environments
    13. Software for accessing and transmitting multimedia content in the environmental and sustainability fields
    14. Near-field communication (NFC) tags that enable communications between electronic devices to obtain information in the environmental and sustainability fields
    15. Sensors
    16. Air sensors
    17. Measuring, detecting, regulating, monitoring and controlling devices
    18. Safety, security, protection and signalling devices
    19. Air analysis apparatus
    20. Downloadable virtual goods, namely, virtual clothing, virtual food, virtual housewares, virtual games, virtual characters, virtual masks, virtual air purification apparatus
    21. Downloadable digital files authenticated by non-fungible tokens, namely, digital posters, digital artwork, digital audio files, digital games, digital characters, digital avatars, and digital media
    22. Digital tokens used with blockchain technology, namely, transactional tokens used as currency
    23. Digital tokens used with blockchain technology, namely, utility tokens used as payment in an existing blockchain ecosystem.
  • The mark was filed in class 10 with following description of goods:
    1. Protective masks for medical use
    2. Masks to prevent contagion
    3. Sanitary masks for medical use
    4. Disposable sanitary masks for protection against viral infection
    5. Reusable sanitary masks for medical use
    6. Anti-bacterial, anti-viral and anti-pollen sanitary masks
    7. Surgical masks
    8. Respiratory masks for medical purposes
    9. Lamps for medical purposes.
  • The mark was filed in class 11 with following description of goods:
    1. Air purification apparatus, machines, and installations
    2. Air treatment equipment
    3. Bioreactor devices for air purification
    4. Air conditioning installations
    5. Air filters
    6. Filters for air conditioning
    7. Supply air diffusers
    8. Installations for deodorising the atmosphere
    9. Air sterilisers
    10. Lighting and lighting reflectors
    11. Lamps
    12. Germicidal lamps
    13. Germicidal lamps for purifying air
    14. Sterilisation, disinfection, and decontamination equipment.
  • The mark was filed in class 18 with following description of goods:
    1. Luggage
    2. Bags
    3. Clutch bags
    4. Backpacks
    5. Wallets
    6. Toiletry bags sold empty
    7. Umbrellas
    8. Parasols.
  • The mark was filed in class 25 with following description of goods:
    1. Clothing
    2. Underwear
    3. Beachwear
    4. Swimwear
    5. Neckwear
    6. Nightwear
    7. Loungewear
    8. Hosiery
    9. Socks
    10. Gloves
    11. Belts for clothing
    12. Textile face coverings, namely, face masks
    13. Footwear
    14. Headgear.
  • The mark was filed in class 29 with following description of goods:
    1. Processed spirulina
    2. Spirulina powder
    3. Spirulina-based snack foods
    4. Processed algae for human consumption
    5. Algae-based snack foods.
  • The mark was filed in class 30 with following description of goods:
    1. Confectionery
    2. Prepared desserts [confectionery]
    3. Chocolate
    4. Cereal-based snack foods
    5. Baking preparations
    6. Seasonings
    7. Flavourings
    8. Condiments.
  • The mark was filed in class 31 with Unprocessed spirulina and unprocessed algae for human consumption..
  • The mark was filed in class 35 with following description of goods:
    1. Advertising services to promote public awareness of environmental issues and initiatives
    2. Provision of an online marketplace and register for buyers and sellers of digital goods, digital collectibles, digital tokens and non-fungible digital tokens (NFTs)
    3. Promotion of goods and services through sponsorship of events
    4. Promotion of goods and services through sponsorship of online and extended virtual reality events
    5. Organisation of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
    6. Providing assistance in the field of business organisation
    7. All the above mentioned services in the environmental and sustainability fields.
  • The mark was filed in class 40 with following description of goods:
    1. Air purification
    2. Air conditioning
    3. Air treatment
    4. Information, advice, and consultancy in relation to the foregoing services.
  • The mark was filed in class 41 with following description of goods:
    1. Education and instructions services, including those rendered online and on virtual reality platforms
    2. Cultural services including those rendered online and on virtual reality platforms
    3. Organisation of conferences, exhibitions and competitions including those rendered online and on virtual reality platforms
    4. Organisation of cultural and entertainment events including those rendered online and on virtual reality platforms
    5. Conducting and organising award ceremonies
    6. All the above mentioned services in the environmental and sustainability fields.
  • The mark was filed in class 42 with following description of goods:
    1. Research and development in the field of biotechnology
    2. Consultancy relating to biotechnology
    3. Hosting of platforms on the Internet featuring environmental protection activities
    4. Platform as a service [PaaS] in the environmental and sustainability fields
    5. Software as a service [SaaS] in the environmental and sustainability fields
    6. Software design in the environmental and sustainability fields
    7. Providing technological information about environmentally-conscious, green innovations and sustainability
    8. Research in the area of environmental protection and sustainability
    9. Environmental and sustainability consultancy services
    10. Collection of information relating to the environment and to sustainability
    11. Compilation of environmental information.
  • The mark was filed in class 45 with On-line social networking services in the environmental and sustainability fields.