The trademark HEMPLY BALANCE was filed by Glowing Pine B.V, a corporation established under the laws of the Kingdom of the Netherlands (the "Applicant"). The application was published for oppositions on January 16, 2020, and received one opposition filed on April 15, 2020 by S.T.U. GmbH on Likelihood of confusion. the opponent was represented by ELZABURU, S.L.P. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued April 15, 2020
The application was filed in Swedish, and Swedish was also language of all opposition proceedings (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 9, 2021.
The Opposition with reference B 003116269 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 3, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 25 with following description of goods:
Tank tops
Pants
Parts of clothing, footwear and headgear
Footwear
Neckerchiefs
Neck scarves (mufflers)
Hats
Headgear
Jackets (clothing)
Clothing
Long-sleeved shirts
Hooded pullovers
Caps being headwear
Polo shirts
Sweaters
Shorts
Socks
Sports caps and hats
Sweat shirts
Hooded sweatshirts
T-shirts
Printed t-shirts.
The mark was filed in class 34 with following description of goods:
Flavorings, other than essential oils, for tobacco substitutes
Flavorings, other than essential oils, for use in electronic cigarettes
Herbs for smoking
Tobacco substitutes
Tobacco free cigarettes, other than for medical purposes
Electronic cigarettes
Holders for electronic cigarettes
Refill cartridges for electronic cigarettes
Liquid solutions for use in electronic cigarettes
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor.