The trademark ICE VAPE was filed by АЙС ВАЙП, a corporation established under the laws of the Republic of Bulgaria (the "Applicant"). The application was published for oppositions on April 8, 2021, and received one opposition filed on July 8, 2021 by Reemtsma Cigarettenfabriken GmbH on Likelihood of confusion. the opponent was represented by Rousseau, Sylvain and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 8, 2021
It was designated 'Basic Application' for International Application null at the World Intellectual Property Organization (WIPO).
The application was filed in Bulgarian, and Bulgarian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 34 with following description of goods:
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Electronic cigarette atomizers
Electronic cigars
Electronic devices for the inhalation of nicotine containing aerosol
Electronic nicotine inhalation devices
Electronic cigarettes
Flavourings, other than essential oils, for use in electronic cigarettes
Oral vaporizers for smokers
Inhalers for use as an alternative to tobacco cigarettes
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Smoking sets for electronic cigarettes
Cartridges for electronic cigarettes
Liquid solutions for use in electronic cigarettes
Replaceable cartridges for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Electronic cigarette liquid [e-liquid] comprised of propylene glycol
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Inhalable aerosols and carrier substances therefor, for use in water pipes
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Flavored tobacco
Substances for inhalation using water pipes, in particular aromatic substances
Tobacco substitutes
Pipes for smoking mentholated tobacco substitutes
Mentholated tobacco
Menthol pipe tobacco
Tobacco and tobacco substitutes
Tobacco products
Menthol cigarettes
Cigarettes containing tobacco substitutes
Electronic smoking pipes
Electronic hookahs
Electronic cigarette cases
Tobacco pouches
Tobacco pipes
Tobacco pipes of precious metal
Tobacco pipes, not of precious metal
Mentholated pipes
Mouth pieces for pipes
Mouthpieces for cigarette holders
Tips of yellow amber for cigar and cigarette holders
Hookahs
Devices for heating tobacco for the purpose of inhalation
Tea for smoking as a tobacco substitute
Cigar lighters
Cigarette lighters
Cigarette lighters of precious metal
Cigarette lighters, not of precious metal
Cigarette lighter holders
Lighters of precious metal
Cigarette lighter holders, not of precious metal
Cigarette lighter holders of precious metal
Articles for use with tobacco
Tobacco and tobacco products (including substitutes)
Flavourings for tobacco
Flavorings, other than essential oils, for tobacco substitutes
Flavourings, other than essential oils, for tobacco
Tobacco containers and humidors
Snuff dispensers
Snuff boxes
Snuff boxes, not of precious metal
Snuff boxes of precious metal
Cases, not of precious metal for pipes
Cases of precious metal for pipes
Humidified cigar boxes
Humidifiers for tobacco
Cigar boxes
Cigar boxes of precious metal
Humidors
Humidors of precious metals
Humidors for cigars of precious metal
Cigar cases
Cigarette boxes of precious metal
Tobacco tins
Humidifiers for cigars
Snuff box holders
Ashtrays for smokers made of non-precious metals
Ashtrays of precious metal
Portable cigarette ash pouches
Pipe stems.
The mark was filed in class 35 with following description of goods:
Administrative processing of purchase orders within the framework of services provided by mail-order companies
Administrative processing of computerized purchase orders
Administrative processing of purchase orders placed by telephone or computer
Administrative processing of purchase orders
Administrative data processing
Administrative accounting
Administration of business affairs
Administration of the business affairs of retail stores
Updating of advertising information on a computer data base
Updating of advertising material
Market survey analysis
Analysis of advertising response and market research
Consumer response analysis
Analysis of market research statistics
Analysis of the public awareness of advertising
Business analysis and information services, and market research
Business analysis of markets
Business consultancy, in the field of transport and delivery
Business supervision
Business appraisals
Business research
Consultations relating to business advertising
Business advice relating to marketing
Business advice relating to marketing management consultations
Business advice, inquiries or information
Business inquiries
Business management in the field of transport and delivery
Company record-keeping
Book-keeping
Data entry and data processing
Demonstration of goods for promotional purposes
Demonstration of goods and services by electronic means, also for the benefit of the so-called teleshopping and homeshopping services
Direct mail advertising to attract new customers and to maintain the existing customer base
Direct marketing
Distribution and dissemination of advertising materials [leaflets, prospectuses, printed material, samples]
Distribution of printed promotional material by post
Product sampling
Distribution of prospectuses and samples for advertising purposes
Negotiation of contracts relating to the purchase and sale of goods
Negotiation of advertising contracts
Negotiation of commercial transactions for performing artists
Negotiation of commercial transactions for third parties
Market analysis reports
Efficiency experts
Expert evaluations and reports relating to business matters
Electronic publication of printed matter for advertising purposes
Preparing and placing advertisements for others
Preparing and placing outdoor advertisements for others
Consumer profiling for commercial or marketing purposes
Design of public opinion surveys
Preparation of advertisements
Preparation of custom advertisements for others
Preparation of advertising material
Publicity columns preparation
Preparation of trade publicity texts
Preparation of mailing lists
Preparation of mailing lists for direct mail advertising services [other than selling]
Price analysis services
Issuing of publicity leaflets
Arranging of displays for advertising purposes
Market analysis
Market research and marketing studies
Investigations of marketing strategy
Business investigations
Goods or services price quotations
Economic analysis for business purposes
Economic forecasting analysis for business purposes
Economic forecasting and analysis
Economic forecasting
Interviewing for market research purposes
Interpretation of market research data
Business information services provided online from a global computer network or the internet
Consumer market information services
Information services relating to advertising
Information services relating to businesses
Information services relating to data processing
Product sales rankings information
Product sales information
Information about sales methods
Compilation of statistics relating to advertising
Compilation of registers relating to importers
Compilation of lists of prospective customers
Compilation of commercial registers
Computerised compilation of order lists
Computerized on-line ordering services
Computerised business research
Computerised business information processing services
Computerised information services to business opportunities appraisals
Computerised market research
Computerised stock ordering
Computerised point-of-sale data collection services for retailers
Computerised stock management
Computerised business management [for others]
Computer assisted business information
Computerised data processing
Compilation of information into computer databases
Business consulting
Consultancy services relating to the procurement of goods and services
Advisory services relating to business analysis
Advisory services for preparing and carrying out commercial transactions
Consultancy relating to advertising
Advisory services for business management
Foreign trade consultancy services
Consultancy services regarding business strategies
Advisory services relating to the purchase of goods on behalf of others
Consultancy relating to business document management
Sponsorship search consultancy services
Business management and organization consultancy
Business organization consultancy
Marketing consulting
Business management consultancy in the field of transport and delivery
Market research consultancy
Business management consultancy
Advice relating to marketing management
Business planning consultancy
Consultations relating to business promotion
Consultancy relating to the establishment and running of businesses
Market assessment services
Advisory services relating to sales promotion
Advice and information concerning commercial business management
Business efficiency advice
Business research consulting
Business appraisal consultancy
Direct marketing consulting
Market reporting services
Consulting in sales techniques and sales programmes
Consultancy regarding business organisation and business economics
Business management supervision
Database marketing
Product marketing
Marketing the goods and services of others
Internet marketing
Provision of information relating to marketing
Conducting of marketing studies
Sales promotion for others
Updating of business information on a computer data base
Data processing
Data processing for businesses
Electronic data processing
Online advertising on a computer network
Data processing, systematisation and management
On-line promotion of computer networks and websites
Online advertisements
On-line advertising and marketing services
On-line data processing services
Arranging the distribution of advertising samples
Arranging and placing of advertisements
Arranging and conducting marketing promotional events for others
Organisation and holding of fairs for commercial or advertising purposes
Organisation and conducting of product presentations
Arranging business introductions relating to the buying and selling of products
Arranging of demonstrations for advertising purposes
Arranging of exhibitions for advertising purposes
Arranging of exhibitions for business purposes
Organisation of exhibitions and trade fairs for business and promotional purposes
Arranging of displays for commercial purposes
Arranging of product launches
Arranging of presentations for business purposes
Organisation of customer loyalty programs for commercial, promotional or advertising purposes
Arrangement of advertising
Organisation of internet auctions
Organization of trade fairs
Organization, operation and supervision of sales and promotional incentive schemes
Organisation of exhibitions and events for commercial or advertising purposes
Arranging the buying of goods for others
Providing and rental of advertising space on the internet
Procurement of contracts for the purchase and sale of goods and services
Procurement of contracts for others relating to the sale of goods
Providing an on-line commercial information directory on the internet
Providing consumer product information relating to software
Provision of advertising space by electronic means and global information networks
Provision of advertising space, time and media
Providing advertising space in periodicals, newspapers and magazines
Providing information about commercial business and commercial information via the global computer network
Providing business marketing information
Provision of online price comparison services
Rental of card-operated vending machines
Rental of coin-operated vending machines
Rental of billboards [advertising boards]
Rental of all publicity and marketing presentation materials
Rental of advertising space on the internet
Rental of advertising time on communication media
Rental of advertising space on-line
Design of advertising flyers
Market campaigns
Market research for compiling information on viewers of television
Market study and analysis of market studies
Preparation of business surveys
Preparation of marketing plans
Preparation of project studies relating to business matters
Preparation of public opinion surveys
Preparation of publicity publications
Preparation of market analysis reports
Preparation of publicity leaflets
Preparation of publicity documents
Preparation of advertising campaigns
Mediation of agreements regarding the sale and purchase of goods
Mediation of trade business for third parties
Intermediary services relating to advertising
Advertisements (Placing of -)
Provision of sales analyses
Provision of business data
Providing business information via a web site
Providing business information by way of computer terminals
Providing business information in the field of social media
Provision of information and advice to consumers regarding the selection of products and items to be purchased
Provision of information concerning commercial sales
Providing consumer product information
Provision of information and advisory services relating to e-commerce
Provision of computerised data relating to business
Provision of computerised advertising services
Provision of models for advertising
Providing online commercial directory information services
Auction and reverse auction services
Providing user reviews for commercial or advertising purposes
Providing marketing information via websites
Providing market information in relation to consumer products
Providing consumer information relating to goods and services
Providing user rankings for commercial or advertising purposes
Providing consumer product information via the Internet
Provision of space on web-sites for advertising goods and services
Provision of information relating to advertising
Providing searchable online advertising guides
Provision of advertising space
Provision of advertising space on a global computer network
Provision of advertising space on electronic media
Providing advice relating to the analysis of consumer buying habits
Providing transportation documentation for others [administrative services]
Provision of commercial business information by means of a computer database
Provision of commercial information
Demonstration of goods
Sales demonstration [for others]
Promoting the sale of goods and services of others through the distribution of printed material and promotional contests
Trade show and exhibition services
Exhibitions (Conducting -) for advertising purposes
Exhibitions (Conducting -) for business purposes
Shows (Conducting business -)
Conducting of business research
Conducting virtual trade show exhibitions online
Carrying out auction sales
Promoting the sale of the services [on behalf of others] by arranging advertisements
Promotion, advertising and marketing of on-line websites
Sales promotion
Sales promotions at point of purchase or sale, for others
Opinion polling
Market research
Profit surveys
Surveys for business purposes
Publication of publicity materials
Publication of publicity materials on-line
Handbill distribution
Distribution of publicity materials (flyers, prospectuses, brochures, samples, particularly for catalogue long distance sales) whether cross border or not
Distribution of advertisements and commercial announcements
Dissemination of advertising for others
Dissemination of advertising material [leaflets, brochure and printed matter]
Distribution of advertising announcements
Distribution of advertising mail and of advertising supplements attached to regular editions
Distribution of samples for publicity purposes
Distribution of advertising material by post
Dissemination of advertising for others via an on-line communications network on the internet
Distribution of samples
Distribution of promotional matter
Distribution of products for advertising purposes
Distribution of prospectuses and samples
Distribution of prospectuses for advertising purposes
Distribution of advertising, marketing and promotional material
Street dissemination of advertising materials
Dissemination of advertisements
Dissemination of advertisements via the Internet
Distribution of flyers, brochures, printed matter and samples for advertising purposes
Dissemination of advertising for others via the Internet
Dissemination of advertising via online communications networks
Dissemination of advertising matter by mail
Dissemination of advertising matter online
Distribution of advertising material
Dissemination of advertising matter
Advertisement for others on the Internet
Advertisement and publicity services by television, radio, mail
Advertising
Advertising the goods and services of online vendors via a searchable online guide
Advertising by mail order
Advertising, including on-line advertising on a computer network
Advertising in periodicals, brochures and newspapers
Promoting the goods and services of others through advertisements on Internet websites
Promoting the goods and services of others over the Internet
Promoting the goods and services of others
Promoting the goods and services of others via a global computer network
Promoting the sale of goods and services of others through promotional events
Advertisement via mobile phone networks
Advertising through all public communication means
Advertising, marketing and promotional services
Advertising services for the promotion of e-commerce
Preparing advertisements for others
Collection and systematisation of information into computer databases
Compilation and systemization of information into computer databases
Compilation and systematisation of information in databanks
Collecting information for business
Collection of data
Data compilation for others
Collection of information relating to advertising
Compilation of advertisements
Compilation of advertisements for use on the internet
Commercial information and advice for consumers in the choice of products and services
Computerized file management
Administration relating to sales methods
Business management and consultancy services
Computerized market research services
Online ordering services
Retail shop window display arrangement services
Window dressing services for advertising purposes
Shop window dressing
Wholesale ordering services
Retail services in relation to articles for use with tobacco
Retail services in relation to tobacco
Wholesale services in relation to tobacco
Commercial information services, via the internet
Trade show and commercial exhibition services
Trade promotional services
Dissemination services of advertisement matter
Customer loyalty services for commercial, promotional and/or advertising purposes
Commercial information services provided by access to a computer database
Sales management services
Market research data retrieval services
Product launch services.
The mark was filed in class 38 with following description of goods:
Electronic data interchange services
Electronic exchange of data stored in databases accessible via telecommunication networks
Transmission of electronic mail
Electronic transmission of mail and messages
Electronic communications services
Electronic messaging
Electronic transmission of messages
Electronic transmission of data
Electronic transmission of data and documents via computer terminals
Electronic order-transmission
Electronic transmission and retransmission of sounds, images, documents, messages and data
Electronic transmission of messages and data
Secure e-mail services
Computer communications for the transmission of information
Computer communication and Internet access
Computer communication services
Computer communications services for the transmission of information
Communications via a global computer network or the internet
Communication by electronic means
Data transmission
Communications services
Communication services for the transmission of information by electronic means
Communication services provided electronically
Communication services over computer networks
Communications services provided over the Internet
Computer intercommunication
Data communication by electronic means
Communication by computer
Online document delivery via a global computer network
Provision of access to electronic sites
Transmission and reception of messages by means of worldwide computer networks
Data transmission for others
Transmission of data by electronic means
Transmission of information by computer
Transmission of data via the Internet
Transmission of information for business purposes
Transferring information and data via computer networks and the Internet
Transmission of database information via telecommunications networks
Data transmission by electronic mail
Transmission of information by electronic means
Transmission of information on-line
Computer aided transmission of messages, information and images
Message sending
Computer aided transmission of images
Computer aided transmission of messages
Computer-aided transmission of text
Provision of access to electronic messaging systems
Provision of internet access services
Provision of access to the internet for others
Providing access to databases
Providing access to online computer databases
Providing access to e-commerce platforms on the Internet
Providing access to Internet portals for third parties
Providing access to data in computer networks
Provision of access to content, websites and portals
Providing access to information via the Internet
Provision of access to data via the Internet
Providing access to portals on the Internet
Provision of access to an electronic marketplace [portal] on computer networks
Providing access to Internet forums
Providing multiple-user access to a global computer information network
Provision of reports relating to communications
Provision of communication facilities for the interchange of data by electronic means
Providing online chatrooms for the transmission of messages, comments and multimedia content among users
Providing user access to search engines
Providing user access to information on the Internet
Providing user access to platforms on the Internet
Providing user access to portals on the Internet
Provision of telecommunications access to databases and the internet
Providing telecommunications connections to the Internet
Providing e-mail fax services
Transfer of data by telecommunications
Communication of information by computer
Collection and delivery of messages by electronic mail