The trademark application Durban Poison 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 R2086/2020-2 was Application rejected according to Article 7(1)(b) EUTMR with decision issued on July 18, 2021 by the EUIPO. The Refusal with reference B 018201063 was Rejected according to Article 7(1)(b) EUTMR with decision issued on September 21, 2020 by the EUIPO.
Goods And Services
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 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
Herbal molasses [tobacco substitutes]
Flavourings for tobacco
Humidifiers for tobacco
Roll-your-own tobacco
Snuff without tobacco
Snus without tobacco
Spittoons for tobacco users
Tobacco products for the purpose of being heated
Cigarettes containing tobacco substitutes
Absorbent paper for tobacco
Asian long tobacco pipes (kiseru)
Devices for heating tobacco for the purpose of inhalation
Tea for smoking as a tobacco substitute
Asian long tobacco pipe sheaths
Cases of precious metal for pipes
Devices for heating tobacco substitutes for the purpose of inhalation
Tobacco substitutes not for medical purposes
Flavourings, other than essential oils, for tobacco
Tobacco tar for use in electronic cigarettes
Tobacco free cigarettes, other than for medical purposes
Cases, not of precious metal for pipes
Mu'assel
Flavorings, other than essential oils, for tobacco substitutes
Hand held machines for injecting tobacco into paper tubes
Devices for extinguishing heated cigarettes, cigars and heated tobacco sticks
Cigarettes containing tobacco substitutes, not for medical purposes
Cigars for use as an alternative to tobacco cigarettes
Inhalers for use as an alternative to tobacco cigarettes
Tobacco free oral nicotine pouches [not for medical use]
Loose, rolling and pipe tobacco
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Chewing tobacco
Inhalable aerosols and carrier substances therefor, for use in water pipes
Herbs for smoking
Pipes for smoking mentholated tobacco substitutes
Pipe tobacco
Smoking tobacco
Snuff
Snus
Substances for inhalation using water pipes, in particular aromatic substances
Cigarette tobacco
Hookah tobacco
Cigarettes
Cigarette filters
Cigarette tubes
Cigarette paper
Cigarette holders
Cigarette lighters
Electronic cigarettes
Mouthpieces for cigarettes
Cigarette cases
Books of cigarette papers
Ashtrays
Cigarette cutters
Cigarette tips
Cigarette cases made of precious metal
Mouthpieces for cigarette holders
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
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.