Dulces y Conservas HELIOS, S.A. v. Helius Therapeutics Limited

Dulces y Conservas HELIOS, S.A.


The contested trade mark must be refused for retail and wholesale of marijuana, hemp and cannabis products and accessories, including food products, beverages, personal care preparations, and skin care preparations in Class 35, since it could take unfair advantage of the reputation of the earlier trade mark ‘HELIOS’ in Spain and in the EU. The Opposition Division correctly rejected the opposition in relation to the remaining contested goods and services which are at issue in the present appeal, as in relation to such goods and services there is no link in the mind of the relevant public between the marks at issue. The opposition is not successful insofar as it is based on Article 8(1)(b) EUTMR. As the goods and services are not similar, there can be no likelihood of confusion, regardless of the possible similarity between the signs and whatever the distinctiveness of the earlier mark may be.

Comparison of Trademarks