The trademark Diamond Mist was filed by Diamond Mist Limited, a corporation established under the laws of the Kingdom of Spain (the "Applicant") and Naznin Asghar-Sheikh, a national of the United Kingdom of Great Britain and Northern Ireland (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on January 27, 2022, and received one opposition filed on March 31, 2022 by Starbuzz Tobacco, Inc. on Likelihood of confusion. the opponent was represented by KUHNEN & WACKER PATENT- UND RECHTSANWALTSBĂRO PARTG MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 31, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish 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 cartomizers
Electronic cigarette atomizers
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
Electronic cigarette liquid [e-liquid] comprised of propylene glycol
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Electronic cigarettes
Electronic devices for the inhalation of nicotine containing aerosol
Flavourings, other than essential oils, for use in electronic cigarettes
Inhalers for use as an alternative to tobacco cigarettes
Liquid solutions for use in electronic cigarettes
Refill cartridges for electronic cigarettes
Smoking sets for electronic cigarettes
Tobacco tar for use in electronic cigarettes
Substances for inhalation using water pipes, in particular aromatic substances
Smokeless cigarette vaporizer pipes
Replaceable cartridges for electronic cigarettes
Oral vaporizers for smokers
Inhalable aerosols and carrier substances therefor, for use in water pipes
Electronic nicotine inhalation devices
Electronic cigars
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Cartridges for electronic cigarettes
Tobacco and tobacco products (including substitutes)
Flavourings for tobacco
Electronic cigarette boxes
Devices for heating tobacco for the purpose of inhalation.