The trademark Marry Jane was filed by Marry Jane AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on January 14, 2024, and received one opposition filed on April 14, 2024 by Groneweg Verwaltungsgesellschaft mbH on Likelihood of confusion. the opponent was represented by VOSSIUS & PARTNER PATENTANWÄLTE RECHTSANWÄLTE MBB and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 14, 2024
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 3 with following description of goods:
Cosmetics for use on the skin
Oils for toilet purposes
Scented oils
Massage oils
Natural essential oils
Essential oils for use in the manufacture of e-liquid
COSMETIC CREAMS AND LOTIONS FOR THE FACE, HANDS AND BODY
Non-medicated cosmetics
Perfumery
Ethereal oils.
The mark was filed in class 5 with following description of goods:
Cannabis for medical purposes
Medicinal drinks
Medicated oils and Medical preparations
Pharmaceuticals, medical preparations
Veterinary preparations, Other than the aforesaid goods for pets
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for human beings
Food supplements for animals, not for pets
Topical medicated herbal sprays and herbal creams
Meal replacement powders
Medicated beverage mixtures being meal replacements
Snacks being meal substitutes, for medical purposes
Food bars being meal substitutes, for medical purposes
Dietetic food bars being meal replacements for medical purposes.
The mark was filed in class 9 with Batteries for electronic cigarettes and Chargers for electronic cigarettes..
The mark was filed in class 18 with Bags, rucksacks, Bumbags, Shoulder bags.
The mark was filed in class 25 with following description of goods:
Clothing
Footwear
Headgear.
The mark was filed in class 30 with following description of goods:
Biscuits
Biscuits
Bread
Chocolate, Preserved herbs
Tea, Coffee, Pastry and confectionery goods
Ice cream
Sherbets [sorbets]
Edible ices.
The mark was filed in class 31 with following description of goods:
Cannabis plants
Cannabis, unprocessed
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fresh fruit and vegetables, fresh herbs
Natural plants and flowers
Onions, seedlings and grains (seeds) in the form of propagation material
Live animals
Foodstuffs for animals and beverages for animals, Other than the aforesaid goods for pets.
The mark was filed in class 32 with following description of goods:
Non-alcoholic beverages
Non-alcoholic beverages being meal replacements
Fruit drinks
Juices.
The mark was filed in class 34 with following description of goods:
Articles for use with tobacco
Smokers' articles of precious metal
Smokers' articles, not of precious metal
Electronic smoking devices
Electronic cigarettes
Smoking tobacco
Snuff
Replacements for tobacco
Chewing tobacco
Herbs for smoking
Flavourings, other than essential oils, for use in electronic cigarettes
Flavourings, other than essential oils, for tobacco
Liquid solutions for use in electronic cigarettes
Cigarettes
Oral vaporizers for smokers
Hookahs
Cigarette rolling papers
Books of cigarette papers
Cigarette filters
Cigarette tubes
Lighters for smokers
Firestones, for use in relation to the following goods: Lighters
Matches
Matchboxes
Firestones
Ashtrays
Cigarette cases and Cases for cigarettes
Tobacco jars
Snuff boxes
Pouches for tobacco
Cigarillos
Cigars
Liquids, for use in relation to the following goods: Essential oil cigarettes
Cartridges or shells, for use in relation to the following goods: E-cigarettes
Herbs for smoking, Flavourings for e-cigarettes, excluding the following goods: Essential oils.
The mark was filed in class 35 with following description of goods:
Commercial retailing or Wholesale, in relation to the following goods: skin care cosmetics, perfume oils, Massage oils, Natural essential oils, Essential oils for use in the manufacture of e-liquids, Cosmetic creams and lotions for the face, hands and body, Non-medicated cosmetics, Perfumery, Essential oils, oils for toilet purposes
Commercial retailing or Wholesale, in relation to the following goods: Cannabis for medical purposes, Medicinal beverages, Medical oils and preparations, pharmaceuticals, medicated preparations, Veterinary preparations, Other than veterinary preparations for vets, Sanitary preparations for medical purposes, Dietetic foods and substances adapted for medicinal or veterinary use, Food for babies, Food supplements for human beings, Food supplements for animals, Other than dietary supplements for pets, Topical medicated herbal sprays and herbal creams, meal replacement powders, meal substitutes, ie, Medicinal drink mixes, Snacks being meal substitutes, for medical purposes, Meal replacement bars (for medical purposes), meal substitutes, ie, Dietetic meal bars, For medical purposes
Commercial retailing or Wholesale in relation to the following goods: Batteries for e-cigarettes, chargers for electronic cigarettes
Commercial retailing or Wholesale in relation to the following goods: Bags, Rucksacks, Bumbags, sling bags
Commercial retailing or Wholesale in relation to the following goods: Clothing, Shoes and headgear
Commercial retailing or Wholesale in relation to the following goods: Biscuits, Cookies, bread, Chocolate, Preserved herbs, tea, Coffee, Pastries and confectionery, ice creams, sherbets, Edible ices
Commercial retailing or Wholesale, in relation to the following goods: Cannabis plants, Unprocessed cannabis, Raw and unprocessed agricultural, aquacultural, horticultural and forestry products, Raw and unprocessed grains and seeds, Fresh fruits and vegetables, fresh herbs, Natural plants and flowers, Onions, seedlings and grains (seeds) in the form of propagation material, Live animals, Food and drink for animals, other than for pets
Commercial retailing or Wholesale, in relation to the following goods: Non-alcoholic drinks, meal substitutes, ie, Non-alcoholic drinks, fruit drinks, Fruit juices
Commercial retailing or Wholesale, in relation to the following goods: Smokers' articles, Smokers' articles of precious metal, Smoked bacon, Not of precious metal, Electronic smoking devices, electronic cigarettes, Smoking tobacco, Snuff, Tobacco substitutes, chewing tobacco, herbs for smoking, Flavourings, other than essential oils, for use in electronic cigarettes, flavorings for tobacco other than essential oils, Liquid solutions for use in electronic cigarettes, cigarettes, oral vaporizers for smokers, Smoking water pipes, Cigarette rolling papers, books of cigarette papers, Cigarette filters, Cigarette tubes, Lighters for smokers, Flints for lighters, Matches, match boxes, Firestones, Smoker's ashtrays, Cigarette cases, Tobacco jars, Snuff boxes, Pouches (tobacco), Cigarillos, cigars, Liquids for essential cigarettes, cartridges or shells for e-cigarettes, herbs for smoking, Flavourings for e-cigarettes, Not being essential oils.