The trademark Botanicals was filed by Sown GmbH, a corporation established under the laws of the Republic of Austria (the "Applicant"). The application was published for oppositions on September 27, 2023, and received one opposition filed on December 21, 2023 by CENTRAL HISUMER, S.L. on Likelihood of confusion. the opponent was represented by DOĆAQUE & ASOCIADOS, S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 21, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements and dietetic preparations
Nutritional supplements
Herbal supplements.
The mark was filed in class 21 with following description of goods:
Decanters
Glasses [drinking vessels]
Tumblers
Drinking vessels
Bottles
Glass bottles
Heat-insulated containers for beverages
Insulating flasks.
The mark was filed in class 30 with following description of goods:
Flavourings, other than essential oils, for beverages
Flavourings for beverages
Coffee
Coffee extracts
Coffee-based beverages
Mixtures of coffee
Coffee essences
Tea
Tea extracts for culinary purposes
Tea-based beverages
Tea mixtures
Tea essences.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Flavoured carbonated beverages
Juices
Waters
Non-alcoholic preparations for making beverages
Non-alcoholic fruit extracts
Non-alcoholic fruit extracts used in the preparation of beverages
All except carbonated soft drinks in which quinine is dissolved (tonic water).