The trademark application Cannatonic was filed by Shape Solutions GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). Application refused.
The application was filed in German (English was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 10, 2020. Appointment and Replacement of representative of the trademark registration was recorded on August 11, 2020.
The Appeal with reference B R2160/2020-2 was Application rejected according to Article 7(1)(b) EUTMR with decision issued on July 4, 2021 by the EUIPO. The Refusal with reference B 018201067 was Rejected according to Article 7(1)(b) EUTMR with decision issued on September 29, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 32 with following description of goods:
Beer
Beer wort
Imitation beer
Beer-based cocktails
Craft beers
Flavored beers
Non-alcoholic beer
Non-alcoholic beer flavored beverages
Soft drinks
Non-alcoholic preparations for making beverages
Beer and brewery products
Flavoured carbonated beverages
Nut and soy based beverages
Juices
Waters
Aperitifs, non-alcoholic
Cocktails, non-alcoholic
Fruit-based soft drinks flavored with tea
Non-alcoholic beverages flavoured with coffee
Non-alcoholic beverages flavoured with tea
Non-carbonated soft drinks
Non-alcoholic cocktail bases
Quinine water
Energy drinks [not for medical purposes]
Energy drinks
Oat-based beverages [not being milk substitutes]
Brown rice beverages other than milk substitutes
Guarana drinks
Isotonic beverages
Energy drinks containing caffeine
Carbohydrate drinks
Vitamin fortified non-alcoholic beverages
Whey beverages
Non-alcoholic malt free beverages [other than for medical use]
Beverages containing vitamins
Frozen carbonated beverages
Sports drinks
Smoothies
Sarsaparilla [non-alcoholic beverage].
The mark was filed in class 34 with following description of goods:
Tobacco
Tobacco jars
Tobacco filters
Tobacco pouches
Tobacco pipes
Leaf tobacco
Tobacco products
Tobacco substitutes
Tobacco pipe scrapers
Pipe cleaners for tobacco pipes
Tobacco tins
Absorbent paper for tobacco pipes
Tobacco and tobacco substitutes
Tobacco and tobacco products (including substitutes)
Flavored tobacco
Manufactured tobacco
Smokeless tobacco
Raw tobacco
Electronic smoking pipes
Snuff with tobacco
Snus with tobacco
Tobacco pipes, not of precious metal
Asian long tobacco pipes (kiseru)
Absorbent paper for tobacco
Cigarettes containing tobacco substitutes
Tobacco products for the purpose of being heated
Snuff without tobacco
Tobacco pipes of precious metal
Roll-your-own tobacco
Humidifiers for tobacco
Flavourings for tobacco
Herbal molasses [tobacco substitutes]
Inhalers for use as an alternative to tobacco cigarettes
Cigars for use as an alternative to tobacco cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Devices for extinguishing heated cigarettes, cigars and heated tobacco sticks
Hand held machines for injecting tobacco into paper tubes
Pipes for smoking mentholated tobacco substitutes
Flavorings, other than essential oils, for tobacco substitutes
Mu'assel
Cases, not of precious metal for pipes
Tobacco free cigarettes, other than for medical purposes
Tobacco tar for use in electronic cigarettes
Flavourings, other than essential oils, for tobacco
Tobacco substitutes not for medical purposes
Devices for heating tobacco substitutes for the purpose of inhalation
Cases of precious metal for pipes
Asian long tobacco pipe sheaths
Tea for smoking as a tobacco substitute
Devices for heating tobacco for the purpose of inhalation
Loose, rolling and pipe tobacco
Tobacco free oral nicotine pouches [not for medical use]
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Inhalable aerosols and carrier substances therefor, for use in water pipes
Chewing tobacco
Herbs for smoking
Snus without tobacco
Pipe tobacco
Smoking tobacco
Snuff
Snus
Substances for inhalation using water pipes, in particular aromatic substances
Hookah tobacco
Cigarette tobacco
Cigarettes
Cigarette filters
Cigarette tubes
Cigarette paper
Cigarette holders
Cigarette lighters
Cigarette tips
Cigarette cutters
Ashtrays
Books of cigarette papers
Electronic cigarettes
Cigarette cases
Mouthpieces for cigarettes
Cigarette cases made of precious metal
Mouthpieces for cigarette holders
Cigarette holders of precious metal
Liquefied gas cylinders for cigarette lighters
Cigarette lighters, not of precious metal
Cigarette lighters not for land vehicles
Cigarette holders not of precious metal
Cigarette cases not of precious metal
Liquid solutions for use in electronic cigarettes
Electronic cigarette boxes
Electronic cigarette cases
Cartridges for electronic cigarettes
Smoking sets for electronic cigarettes
Electronic cigarette cleaners
Electronic cigarette atomizers
Holders for electronic cigarettes
Refill cartridges for electronic cigarettes
Smokeless cigarette vaporizer pipes
Ready-made cigarette tubes with filters
Cigarette boxes of precious metal
Cigarette lighter holders
Cigarette lighters of precious metal
Flavourings, other than essential oils, for use in electronic cigarettes
Cigarette lighter holders, not of precious metal
Cigarette lighter holders of precious metal
Pocket machines for rolling cigarettes
Electronic cigarette cartomizers
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Electronic cigarette liquid [e-liquid] comprised of propylene glycol.