The trademark MOFF was filed by Chiyang culture(Shenzhen)Co.,Ltd, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on August 18, 2022, and received one opposition filed on November 20, 2022 by Vodafone Group Public Limited Company on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Boult Wade Tennant LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 20, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003183495 was rejected according to Article 8(5) EUTMR with decision issued on December 21, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 34 with following description of goods:
Electronic cigarette refill cartridges sold empty
Electronic cigarette liquid (e-liquid) comprised of flavorings in liquid form, other than essential oils, used to refill electronic cigarette cartridges
Cases for electronic cigarettes and electronic cigarette accessories
Cartomizers, namely, combination electronic cigarette refill cartridges sold empty and atomizers, sold as a component of electronic cigarettes
Electronic smoking pipes
Electronic cigarette holders
Cartridges sold filled with vegetable glycerin for electronic cigarettes
Electronic cigarettes and oral vaporizers for smokers
Cigarette holders
Electronic cigarette atomizers sold empty.
The mark was filed in class 35 with following description of goods:
Online advertisements
Rental of billboards [advertising boards]
Updating of advertising material
Services with regard to product presentation to the public
Advertising, marketing and promotional services related to all industries for the purpose of facilitating networking and socializing opportunities for business purposes
Search engine optimization
Smoke shops
Provision of a web site featuring commercial information on shopping
Conducting, arranging and organizing trade shows and trade fairs for commercial and advertising purposes
Distribution of publicity materials (flyers, prospectuses, brochures, samples, particularly for catalogue long distance sales) whether cross border or not.