The trademark MOSS was filed by MOSS EUROPE, S.L., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on March 13, 2016, and received one opposition filed on June 2, 2016 by CASACAMP, S.L. on Likelihood of confusion. the opponent was represented by CONSULPI PROPIEDAD INDUSTRIAL, S.L.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 002712944 was rejected according to Article 8(1)(b) EUTMR with decision issued on October 9, 2017 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Herbal compounds for medical use
Plant and herb extracts for medicinal use
Herbal medicine
Decoctions of medicinal herb
Herbal dietary supplements for persons special dietary requirements
Protein-based dietary supplements and additives
Foods and dietetic substances adapted for medical use
Nutritional additives for medical purposes
Enzyme preparations for medical purposes
Medicinal oils
Preparations of trace elements for human and animal use
Mineral food supplements.
The mark was filed in class 30 with Coffee, tea, cocoa and artificial coffee.
The mark was filed in class 35 with Retailing and wholesaling, in shops and commercial establishments and via global computer networks, of all kinds of coffee, tea, cocoa and artificial coffee, herbal compounds for medical purposes, plant and herbal extracts for medical purposes, medicines based on herbs, medicinal plant decoctions, dietetic herbal supplements for those with special dietetic requirements, dietary supplements and additives based on proteins, dietetic food and substances adapted for medical use, nutritional supplements for medical purposes, enzyme preparations for medical purposes, oils for medical purposes, preparations based on trace elements for human and animal consumption, mineral dietary supplements.