OPPOSITION DIVISION
OPPOSITION Nо B 3 096 113
Aphria Inc., 265 Talbot Street West, N8H 4H3 Leamington, Canada (opponent), represented by NLO Shieldmark B.V., New Babylon City Offices. 2e étage Anna van Buerenplein 21A, 2595DA Den Haag, Netherlands (professional representative)
a g a i n s t
Velikov & Co Ood, Han Krum Str., No.7, 7060 Slivo Pole, Bulgaria (applicant), represented by IP Consulting Ltd., 6-8, Mitropolit Kiril Vidinski Str., Entr. 8, Floor 2, Office 2, 1164 Sofia, Bulgaria (professional representative).
On 24/03/2021, the Opposition Division takes the following
DECISION:
1. |
Opposition No B 3 096 113 is partially upheld, namely for the following contested goods: |
3. |
Each party bears its own costs. |
On 27/09/2019, the opponent filed an opposition against all the goods of European Union trade mark application No 18 104 520 ‘SOLEI’ (word mark). The opposition is based on inter alia, Benelux trade mark registration No 1 380 153, ‘SOLEI’ (word mark). The opponent invoked Article 8(1)(b) EUTMR.
LIKELIHOOD OF CONFUSION — ARTICLE 8(1)(b) EUTMR
A likelihood of confusion exists if there is a risk that the public might believe that the goods or services in question, under the assumption that they bear the marks in question, come from the same undertaking or, as the case may be, from economically linked undertakings. Whether a likelihood of confusion exists depends on the appreciation in a global assessment of several factors, which are interdependent. These factors include the similarity of the signs, the similarity of the goods and services, the distinctiveness of the earlier mark, the distinctive and dominant elements of the conflicting signs, and the relevant public.
The opposition is based on more than one earlier trade mark. The Opposition Division finds it appropriate to first examine the opposition in relation to the opponent’s Benelux trade mark registration No 1 380 153.
The opponent’s goods and services contain cannabis, hemp or cannabis or hemp derivatives. In relation to goods and services that contain or relate to cannabis, marijuana, hemp and the like, the Office’s practice is to classify terms according to their main function or purpose. As an example, cosmetics containing cannabis are proper to Class 3. Some terms can belong to various classes and their nature is defined by the class in which they are classified, for example oils infused with cannabis would be for medical purposes when found in Class 5, or understood as edible oils when found in Class 29.
In the context of foods classes (Classes 29, 30, 31, 32 and 33), the goods must comply with the laws regulating the foodstuffs market and the existing health and safety standards related to such goods, in order to be sold as foodstuffs. Therefore, the fact that a food product contains cannabinoids does not alter its nature. It remains a foodstuff that is consumed for nourishment, as a snack or refreshment.
Accordingly, the analysis of the opponent’s goods and services will be carried out following their specification in each class and based on the realities of the marketplace, as this is the most objective basis.
The opposition is based on goods and services in Classes 3, 5, 9, 16, 21, 25, 29, 30, 31, 32, 34, 35, 39, 41, 42, 44 and 45. In view of the length of the opponent’s list of goods and services, the Opposition Division finds it appropriate to only list the most relevant, or potentially relevant, goods and services here, namely those covered in Classes 29, 30, 31, 32 and 35 which are the following (the full list of the opponent’s goods and services can be found in Annex 1 of this decision):
Class 29: Oils derived from cannabis, not for medicinal use; cannabis related products, namely oils; butters containing cannabis, cannabis resins and cannabis oils.
Class 30: Tea; Food stuffs containing cannabis, cannabis resins and cannabis oils, namely chocolates, cookies, brownies, candy and food energy bars; cannabis related products, namely teas containing cannabis, and teas containing derivatives of cannabis namely resins and oils.
Class 31: Live cannabis plants; live marijuana plants; cannabis seeds.
Class 32: Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing derivatives of cannabis; smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing resins and oils derived from cannabis.
Class 35: Retail and wholesale services related to marijuana and cannabis, cannabis related products, derivatives of cannabis and natural health products containing cannabis; online retail sale of marijuana and cannabis; providing commercial consumer information in the field of cannabis dispensary locations.
The contested goods are the following:
Class 29: Game, not live; Fish; Poultry, not live; Meat; Meat extracts; Ground nuts; Dates; Raisins; Fruit chips; Potato chips; Ground almonds; Processed almonds; Shelled nuts; Roasted nuts; Coconut, desiccated; Milk shakes; Dried fruit; Cooked fruits; Mixed vegetables; Vegetables, dried; Fritters; Processed fruits, fungi and vegetables (including nuts and pulses); Flavored nuts; Aromatized fruit; Preserved nuts; Salted nuts; Nuts being cooked; Dried nuts; Prepared nuts; Processed nuts; Spiced nuts; Candied nuts; Flavored nuts; Walnut kernels; Blanched nuts; Nut oils; Edible nuts; Pastes made from nuts; Seasoned nuts; Cashew nuts (Prepared -); Prepared pine nuts; Processed pignoli; Nut toppings; Butter made of nuts; Prepared torreya nuts; Prepared macadamia nuts; Nut-based food bars; Mixtures of fruit and nuts; Processed betel nuts; Nut-based spreads; Nut and seed-based snack bars; Nut-based meal replacement bars; Fruit- and nut-based snack bars; Organic nut and seed-based snack bars; Snack mixes consisting of processed fruits and processed nuts; Snack mixes consisting of dehydrated fruit and processed nuts; Fish, seafood and molluscs, not live; Dairy products and dairy substitutes; Birds eggs and egg products; Edible oils and fats; Soups and stocks, meat extracts; Sausage skins and imitations thereof; Prepared insects and larvae; Sunflower seeds, prepared; Sunflower seeds, prepared; Grapeseed oil.
Class 30: Sugar; Rice; Tapioca; Sago; Honey; Yeast; Baking powder; Salt; Mustard; Vinegar; Apple sauce [condiment]; Dressings for food; Sauces [condiments]; Spices; Oatmeal; Sauces containing nuts; Sugar coated pine nuts; Nut flours; Peanut brittle; Sauces flavoured with nuts; Chocolate-coated nuts; Chocolate-coated nuts; Coated nuts [confectionery]; Brittle; Pralines; Chocolate spreads containing nuts; Caramel coated popcorn with candied nuts; Chocolate coated macadamia nuts; Sweet rice with nuts and jujubes (yaksik); Sandwich spread made from chocolate and nuts; Muesli; Muesli; Breakfast cereals, porridge and grits; Snack bars containing a mixture of grains, nuts and dried fruit [confectionery].
Class 31: Seeds; Raw agricultural products; Agricultural produce (Unprocessed -); Fresh waxberries; Raw horticultural products; Raw horticultural products; Raw forestry products; Raw forestry products; Trees and forestry products; Live animals; Fresh fruits and vegetables; Seeds; Natural plants; Flowers; Foodstuffs for dairy animals; Oilseed meal for animals; Foodstuffs for marine animals; Malt; Maize; Coconuts; Fresh fruits; Nuts [fruits]; Unprocessed fruits; Almonds [fruits]; Fresh hazelnuts; Edible sesame, unprocessed; Organic fresh vegetables; Root vegetables [fresh]; Fresh vegetables; Peanuts, fresh; Unprocessed nuts; Raw nut kernels; Nuts being fresh; Cola nuts; Raw cereals [unprocessed]; Fresh pine nuts; Fresh cashew nuts; Fresh cola nuts; Fresh ginkgo nuts; Edible nuts [unprocessed]; Fresh gingko nuts; Betel nuts, fresh; Animal foodstuffs in the form of nuts; Fresh fruits, nuts, vegetables and herbs.
An interpretation of the wording of the list of the opponent’s goods is required to determine their scope of protection. The term ‘namely’ shows the relationship of individual goods to a broader category; it is exclusive and restricts the scope of protection only to the goods specifically listed.
As a preliminary remark, it is to be noted that according to Article 33(7) EUTMR, goods or services are not regarded as being similar to or dissimilar from each other on the ground that they appear in the same or different classes under the Nice Classification.
The relevant factors relating to the comparison of the goods or services include, inter alia, the nature and purpose of the goods or services, the distribution channels, the sales outlets, the producers, the method of use and whether they are in competition with each other or complementary to each other.
Contested goods in Class 29
The contested edible oils and fats include, as a broader category, the opponent's oils derived from cannabis, not for medicinal use. Since the Office cannot dissect ex officio the broad category of the contested goods, they are considered identical to the opponent’s goods.
The contested milk shakes and dairy products and dairy substitutes are similar to the opponent's fruit juices containing derivatives of cannabis in Class 32 because the tendency on the market is to find mixed fruit/milk beverages. Therefore, these goods have the same purpose, they are in competition and they coincide in distribution channels and in end user.
The contested nut oils; grapeseed oil are similar to the opponent's oils derived from cannabis, not for medicinal use because they have the same nature and intended purpose. Their producers and points of sale are the same and they target the same end users.
The contested nut toppings; butter made of nuts; nut-based spreads; pastes made from nuts are similar to the opponent's butters containing cannabis, cannabis resins and cannabis oils because they have the same nature and purpose, and they coincide in distribution channels, in end user and in producer.
The contested ground nuts; dates; raisins; fruit chips; ground almonds; processed almonds; shelled nuts; roasted nuts; coconut, desiccated; dried fruit; processed fruits (including nuts and pulses); flavored nuts (twice); aromatized fruit; preserved nuts; salted nuts; nuts being cooked; dried nuts; prepared nuts; processed nuts; spiced nuts; candied nuts; walnut kernels; blanched nuts; edible nuts; seasoned nuts; cashew nuts (prepared -); prepared pine nuts; processed pignoli; prepared torreya nuts; prepared macadamia nuts; nut-based food bars; mixtures of fruit and nuts; processed betel nuts; nut and seed-based snack bars; nut-based meal replacement bars; fruit- and nut-based snack bars; organic nut and seed-based snack bars; snack mixes consisting of processed fruits and processed nuts; snack mixes consisting of dehydrated fruit and processed nuts; sunflower seeds, prepared (twice) are at least similar to the opponent's food stuffs containing cannabis, cannabis resins and cannabis oils, namely food energy bars, which may also contain a mixture of grains, nuts and dried fruit, in Class 30 and can thus target the same relevant public, share the same distribution channels and be produced by the same undertakings. Furthermore, they are in competition when consumed as a ‘healthy snack’.
The contested cooked fruits are similar to a low degree to the opponent's fruit juices containing derivatives of cannabis in Class 32 as they usually coincide in relevant public and distribution channels because these goods consist of fruits or have fruits as their main ingredient. The methods for processing and preserving these goods are fundamentally the same. Accordingly, these goods are frequently offered for sale by the same manufacturers and target the same relevant public (see R-2445/2015-2, ‘CHARLIE’S’, § 170-174).
The contested mixed vegetables; vegetables, dried; processed vegetables are similar to a low degree to the opponent’s smoothies in Class 32 which include vegetable smoothies. These goods consist of vegetables or have vegetables as their main ingredient. The methods for processing and preserving these goods are fundamentally the same. Accordingly, these goods are frequently offered for sale by the same manufacturers and target the same relevant public (by analogy to R-2445/2015-2, ‘CHARLIE’S’, § 170-174).
The contested soups and stocks, are similar to a low degree to the opponent’s smoothies in Class 32. Soups and vegetable stocks encompass processed fruits or vegetables, whereas non-alcoholic beverages cover fruit or vegetable-based drinks. These goods have fruits or vegetables as their main ingredient. They are produced directly by processing fruit or vegetables, the methods for which are fundamentally the same. Accordingly, these goods are frequently produced by the same manufacturers and target the same public.
The remaining contested game, not live; fish; poultry, not live; meat; meat extracts; potato chips; fritters; processed fungi; fish, seafood and molluscs, not live; birds eggs and egg products; meat extracts; sausage skins and imitations thereof; prepared insects and larvae are dissimilar to all the goods and services for which the earlier mark is registered in Classes 3, 5, 9, 16, 21, 25, 29, 30, 31, 32, 34, 35, 39, 41, 42, 44 and 45. Insofar as the goods and services not specifically listed above in Classes 3, 5, 9, 16, 21, 25, 34, 39, 41, 42, 44 and 45 are concerned (see full list in Annex 1), they do not have any relevant points of contact with these remaining contested goods that could justify finding a level of similarity between them. Furthermore, although these remaining contested goods and the opponent’s goods in Classes 29, 30, 31 and 32 are foodstuffs that may target the same relevant public, they are not usually found in the same sections or shelves in supermarkets. Furthermore, they have a different nature and are not usually produced by the same undertakings. Moreover, they are neither complementary to each other nor in competition. For the sake of clarity, in the absence of any evidence to the contrary, it cannot be considered that the opponent’s goods in Class 32 can consist of fungi or have fungi as their main ingredient and the contested processed fungi and these goods cannot therefore, be considered to be frequently offered for sale by the same manufacturers. Furthermore, as regards the opponent’s retail services in Class 35 they essentially relate to marijuana and cannabis, and cannabis related products. These categories of goods cannot be considered to be similar to the remaining contested goods and the opponent has not provided any cogent line of arguments to the contrary. Therefore, the opponent’s retail services related to such goods cannot be considered similar to any of the remaining contested goods.
Contested goods in Class 30
The contested oatmeal; peanut brittle; brittle; sweet rice with nuts and jujubes (yaksik); muesli (listed twice); breakfast cereals, porridge and grits are essentially sweet bakery goods. The opponent’s food stuffs containing cannabis, cannabis resins and cannabis oils, namely cookies include breakfast cookies. Therefore, these goods can be in competition and share the same distribution channels. Furthermore, they can target the same relevant public and be produced by the same undertakings. Therefore, they are similar.
The contested sugar coated pine nuts; chocolate-coated nuts (listed twice); coated nuts [confectionery]; pralines; caramel coated popcorn with candied nuts; chocolate coated macadamia nuts; snack bars containing a mixture of grains, nuts and dried fruit [confectionery] are at least similar to the opponent’s food stuffs containing cannabis, cannabis resins and cannabis oils, namely chocolates, cookies, brownies, candy and food energy bars as all of these goods may at least be produced by the same companies, they can be served as sweets or snacks, and are therefore aimed at the same consumers. They will be made available via the same distribution channels and are also in competition with one another.
The contested chocolate spreads containing nuts; sandwich spread made from chocolate and nuts; are primarily made from chocolate as are the opponent’s food stuffs containing cannabis, cannabis resins and cannabis oils, namely chocolates. Therefore, they are at least similar to a low degree as they have the same or a similar nature, they target the same relevant public and are usually produced by the same undertakings.
The contested mustard; vinegar; apple sauce [condiment]; dressings for food; sauces [condiments]; spices; sauces containing nuts; sauces flavoured with nuts are at least similar to a low degree to the opponent’s oils derived from cannabis, not for medicinal use in Class 29, as they can at least have the same purpose of seasoning and target the same relevant public.
The remaining contested sugar; rice; tapioca; sago; honey; yeast; baking powder; salt; nut flours are dissimilar to all the remaining goods and services for which the earlier mark is registered in Classes 3, 5, 9, 16, 21, 25, 29, 30, 31, 32, 34, 35, 39, 41, 42, 44 and 45. Insofar as the goods and services not specifically listed above in Classes 3, 5, 9, 16, 21, 25, 34, 39, 41, 42, 44 and 45 are concerned (see full list in Annex 1), they do not have any relevant points of contact with these remaining contested goods that could justify finding a level of similarity between them. Furthermore, although these remaining contested goods and the opponent’s goods in Classes 29, 30, 31 and 32 are foodstuffs that may target the same relevant public, they are not usually found in the same sections or shelves in supermarkets. Furthermore, they have a different nature and are not usually produced by the same undertakings. Moreover, they are neither complementary to each other nor in competition. Furthermore, as regards the opponent’s retail services in Class 35 they essentially relate to marijuana and cannabis, and cannabis related products. These categories of goods cannot be considered to be similar to the remaining contested goods and the opponent has not provided any cogent line of arguments to the contrary. Therefore, the opponent’s retail services related to such goods cannot be considered similar to any of the remaining contested goods.
Contested goods in Class 31
The contested seeds (listed twice) include, as a broader category, the opponent's cannabis seeds. Since the Office cannot dissect ex officio the broad category of the contested goods, they are considered identical to the opponent’s goods.
The contested raw agricultural products; agricultural produce (Unprocessed -); raw horticultural products (listed twice); natural plants include, as broader categories, the opponent's live cannabis plants. Since the Office cannot dissect ex officio the broad categories of the contested goods, they are considered identical to the opponent’s goods.
The contested trees and flowers are similar to the opponent's live cannabis plants as they coincide in relevant public, distribution channels and producers.
The contested fresh waxberries; fresh fruits and vegetables; coconuts; fresh fruits; unprocessed fruits; organic fresh vegetables; root vegetables [fresh]; fresh vegetables; fresh fruits, vegetables and herbs are similar to a low degree to the opponent's fruit juices containing derivatives of cannabis in Class 32 as they usually coincide in relevant public and distribution channels because these goods consist of fruits or have fruits as their main ingredient. The methods for processing and preserving these goods are fundamentally the same. Accordingly, these goods are frequently offered for sale by the same manufacturers and target the same relevant public (see R-2445/2015-2, ‘CHARLIE’S’, § 170-174).
The contested raw forestry products (listed twice); forestry products are raw and unprocessed goods such as tree trunks, unsawn timber, wood chips and bark. The contested malt; maize; edible sesame, unprocessed; raw cereals [unprocessed] are raw and unprocessed plants and cereals. The contested nuts [fruits]; almonds [fruits]; fresh hazelnuts; peanuts, fresh; unprocessed nuts; raw nut kernels; nuts being fresh; cola nuts; fresh pine nuts; fresh cashew nuts; fresh cola nuts; fresh ginkgo nuts; edible nuts [unprocessed]; fresh gingko nuts; betel nuts, fresh; fresh nuts are specific fresh nuts. The contested foodstuffs for dairy animals; oilseed meal for animals; foodstuffs for marine animals animal foodstuffs in the form of nuts are coarse food for livestock, composed of entire plants, including leaves, stalks, and grain, of such forages as corn and sorghum. Fodder plants are plants which are grown in order to provide the nutritional needs of animals. Even if some plants are grown in order to provide the nutritional needs of animals and sold as fodder plants by companies active in the field of animal foodstuffs, the opponent’s live cannabis plants; live marijuana plants; cannabis seeds cannot be considered to be apt to provide nutritional needs of animals and, in the absence of any evidence to the contrary, cannot therefore be considered to target the same relevant public, share the same distribution channels or be produced by the same undertakings.
These contested goods and live animals are dissimilar to all the remaining goods and services for which the earlier mark is registered in Classes 3, 5, 9, 16, 21, 25, 29, 30, 31, 32, 34, 35, 39, 41, 42, 44 and 45. Insofar as the goods and services not specifically listed above in Classes 3, 5, 9, 16, 21, 25, 34, 39, 41, 42, 44 and 45 are concerned (see full list in Annex 1), they do not have any relevant points of contact with these remaining contested goods that could justify finding a level of similarity between them. Furthermore, although nuts and cereals and the opponent’s goods in Classes 29, 30, 31 and 32 are foodstuffs that may target the same relevant public, they are not usually found in the same sections or shelves in supermarkets. Furthermore, they have a different nature and are not usually produced by the same undertakings. Moreover, they are neither complementary to each other nor in competition. Furthermore, as regards the opponent’s retail services in Class 35 they essentially relate to marijuana and cannabis, and cannabis related products. These categories of goods cannot be considered to be similar to the remaining contested goods and the opponent has not provided any cogent line of arguments to the contrary. Therefore, the opponent’s retail services related to such goods cannot be considered similar to any of the remaining contested goods.
SOLEI
|
SOLEI |
Earlier trade mark |
Contested sign |
The relevant territory is the Benelux.
e) Global assessment, other arguments and conclusion
Evaluating likelihood of confusion implies some interdependence between the relevant factors and, in particular, a similarity between the marks and between the goods or services. Therefore, a lesser degree of similarity between goods and services may be offset by a greater degree of similarity between the marks and vice versa (29/09/1998, C-39/97, Canon, EU:C:1998:442, § 17).
The signs are identical and some of the contested goods, as established above in section a) of this decision, are identical. Therefore, the opposition must be upheld under Article 8(1)(a) EUTMR for these goods. Furthermore, part of the remaining contested goods were found to be (at least) similar to varying degrees to those covered by the earlier trade mark as also established above in section a) of this decision. Given the identity of the signs, there is a likelihood of confusion within the meaning of Article 8(1)(b) EUTMR and the opposition must also be upheld for these goods.
The rest of the contested goods are dissimilar. As similarity of goods and services is a necessary condition for the application of Article 8(1) EUTMR, the opposition based on this article and directed at these goods cannot be successful.
Considering all the above, the opposition is partly well founded on the basis of the opponent’s Benelux trade mark registration No 1 380 153.
It follows from the above that the contested trade mark must be rejected for the goods found to be identical or (at least) similar to varying degrees to those of the earlier trade mark.
The opponent has also based its opposition on Benelux
trade mark registrations No 1 380 144, for the
figurative mark
and
No 1 380 145, for the
figurative mark
covering the same goods and services as those covered by the earlier
mark for which the above assessment has been made and as listed in
Annex 1 below. Since these marks cover
the same scope of goods and services, the
outcome cannot be different with respect to goods
for which the opposition has already been rejected.
Therefore, no likelihood of confusion exists with respect to
those goods.
The opposition is also based on European Union trade mark registrations No 17 947 683, No 17 948 564 and No 17 948 566, for the same signs as those concerned with the three Benelux registrations invoked and which also initially covered the same scope of goods and services as those listed in Annex 1. However, these earlier rights were finally refused for the goods in Classes 16, 29, 30, 31 and 35. Since these marks are identical to the three Benelux registrations and cover a narrower scope of goods and services, the outcome cannot be different with respect to goods for which the opposition has already been rejected. Therefore, no likelihood of confusion exists with respect to those goods on the basis of these earlier rights either.
According to Article 109(1) EUTMR, the losing party in opposition proceedings must bear the fees and costs incurred by the other party. According to Article 109(3) EUTMR, where each party succeeds on some heads and fails on others, or if reasons of equity so dictate, the Opposition Division will decide a different apportionment of costs.
Since the opposition is successful for only some of the contested goods, both parties have succeeded on some heads and failed on others. Consequently, each party has to bear its own costs.
The Opposition Division
Sam GYLLING
|
Loreto URRACA LUQUE |
María Clara |
According to Article 67 EUTMR, any party adversely affected by this decision has a right to appeal against this decision. According to Article 68 EUTMR, notice of appeal must be filed in writing at the Office within two months of the date of notification of this decision. It must be filed in the language of the proceedings in which the decision subject to appeal was taken. Furthermore, a written statement of the grounds for appeal must be filed within four months of the same date. The notice of appeal will be deemed to have been filed only when the appeal fee of EUR 720 has been paid.
ANNEX
The full list of the goods and services on which the opposition is based as covered by Benelux trade mark registration No 1 380 153, page 3.
ANNEX 1
The goods and services on which the opposition is based as covered by Benelux trade mark registration No 1 380 153 are the following:
Class 3: Bath additives; bath herbs; bath oils; bath oils for cosmetic purposes; beauty care cosmetics; beauty creams for body care; beauty gels; beauty lotions; body and beauty care cosmetics; body creams; body oils; cosmetic creams; cosmetic oils; make-up; cosmetics, such as face and body lotions, face and body milk, face lotion, hair care preparations, hair styling preparations, hand cream, hand lotions, lip care preparations, lip conditioners, lip glosses, liquid soaps, massage creams, massage oils, non-medicated bubble bath preparations, non-medicated preparations for the care of hair or skin or scalp and non-medicated skin care preparations; oils for toiletry purposes; cosmetic skin care preparations, skin creams, skin emollients, skin lotions, skin soap, soaps for body care and soaps for personal use; the aforementioned products containing cannabis, hemp or cannabis or hemp derivatives
Class 5: Nutraceuticals for medicinal purposes; nutraceuticals for medicinal purposes containing cannabis; nutraceuticals for medicinal purposes containing derivatives of cannabis, namely resins and oils; topical skin creams, bar and liquid soaps, bath additives, bath herbs, bath oils, body creams, body oils, face and body lotions, face and body milk, face lotion and skin care preparations each containing derivatives of cannabis, each of the aforementioned products for the relief of pain, for relaxation, for reducing stress and fatigue, for mood enhancement, for maintaining general health and well-being, for relieving anxiety, for relieving depression, as a sleep aid; personal sexual lubricants; transdermal patches containing cannabis; oral sprays containing cannabis; cannabis related products, namely medicinal oils; medicinal oils derived from cannabis; cannabis and marijuana; cannabis related products, namely medicinal oils, salves, concentrated pastes, tinctures, tablets and capsules, each containing cannabis; medicinal oils, salves, concentrated pastes, tinctures, tablets and capsules each containing resins and medicinal oils derived from cannabis.
Class 9: Electronic publications, namely newsletters, brochures, reports and guides in the field of cannabis.
Class 16: Printed publications, namely newsletters, brochures, reports and guides in the field of cannabis.
Class 21: Jars.
Class 25: Athletic apparel; baseball caps; beachwear; caps; casual wear; coveralls; flip-flops; gloves; golf caps; golf shirts; hats; headbands; long-sleeved t-shirts; mittens; novelty hats; sandals; shirts; sweatshirts; toques; t- shirts.
Class 29: Oils derived from cannabis, not for medicinal use; cannabis related products, namely oils; butters containing cannabis, cannabis resins and cannabis oils.
Class 30: Tea; Food stuffs containing cannabis, cannabis resins and cannabis oils, namely chocolates, cookies, brownies, candy and food energy bars; cannabis related products, namely teas containing cannabis, and teas containing derivatives of cannabis namely resins and oils.
Class 31: Live cannabis plants; live marijuana plants; cannabis seeds.
Class 32: Smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing derivatives of cannabis; smoothies, fruit beverages and fruit juices, carbonated soft drinks, and energy drinks each containing resins and oils derived from cannabis.
Class 34: Dried marijuana and dried cannabis [tobacco substitutes]; smokers' articles, namely, smoking pipes, pouches for use with marijuana and cannabis, lighters for smokers, grinders for use with cannabis and marijuana, oral vaporizers for smokers.
Class 35: Retail and wholesale services related to marijuana and cannabis, cannabis related products, derivatives of cannabis and natural health products containing cannabis; online retail sale of marijuana and cannabis; providing commercial consumer information in the field of cannabis dispensary locations.
Class 39: Distribution services [delivery] in the field of marijuana and cannabis, cannabis related products, derivatives of cannabis and natural healthproducts containing cannabis; packaging of marijuana and cannabis, cannabis related products, derivatives of cannabis and natural health products containing cannabis.
Class 41: News reporting via websites in the nature of current event reporting in the field of cannabis and cannabis culture; news reporting via websites in the nature of entertainment information in the field of cannabis culture.
Class 42:Research services in the area of marijuana and cannabis, cannabis related products, derivatives of cannabis, and natural health products containing cannabis; hosting of websites featuring the ratings, reviews and recommendations on products and services for commercial purposes posted by users in the field of marijuana and cannabis; hosting of websites providing educational information in the field of cannabis; hosting of websites featuring entertainment information in the field of cannabis culture.
Class 44:Breeding, growing, cultivation and harvesting services related to marijuana and cannabis.
Class 45:Online social networking services for registered users to participate in discussions, get feedback from their peers, from virtual communities, and engage in social networking in the field of cannabis.
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