The trademark Black Swan was filed by Daniel Surbu, a national of Romania (the "Applicant"). The application was published for oppositions on February 21, 2023, and received one opposition filed on May 21, 2023 by Republic Technologies (NA), LLC on Likelihood of confusion. the opponent was represented by ATLAN ET BOKSENBAUM AVOCATS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 21, 2023
The application was filed in German, and German 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:
Tobacco
Leaf tobacco
Raw tobacco
Manufactured tobacco
Smokeless tobacco
Shredded tobacco
Tobacco and tobacco products (including substitutes)
Tobacco products
Tobacco products for the purpose of being heated
Cigarettes containing tobacco substitutes
Cigarettes containing tobacco substitutes, not for medical purposes
Flavourings, other than essential oils, for tobacco
Flavoured tobacco (other than essential oils)
Hookah tobacco
Tobacco tar for use in electronic cigarettes
Tobacco free cigarettes, other than for medical purposes
Hookahs
Shisha pipes
Tobacco containers and humidors
Tobacco tins
Tobacco pouches
Tobacco jars
Tobacco filters
Tobacco pouches
Cigarette paper
Books of cigarette papers
Humidifiers for tobacco
Devices for heating tobacco substitutes for the purpose of inhalation
Inhalers for use as an alternative to tobacco cigarettes
Oral vaporizers for smokers
Hand held machines for injecting tobacco into paper tubes
Ashtrays
Lighters (none of the aforesaid goods of precious metal or coated therewith)
Articles for use with tobacco
Matches
Flavourings, other than essential oils, for use in electronic cigarettes
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Electronic nicotine inhalation devices
Electronic devices for the inhalation of nicotine containing aerosol
Electronic cigarettes
Electronic cigars
Replaceable cartridges for electronic cigarettes
Inhalable aerosols and carrier substances therefor, for use in water pipes
Liquid solutions for use in 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
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Refill cartridges for electronic cigarettes
Cartridges for electronic cigarettes
Smoking sets for electronic cigarettes
Substances for inhalation using water pipes, in particular aromatic substances
Smokeless cigarette vaporizer pipes
Electronic cigarette atomizers
Electronic cigarette cartomizers
Chewing tobacco
Tobacco free cigarettes, other than for medical purposes
Lighters for smokers
Steam stones for hookahs
Electronic hookahs
Electronic smoking pipes
Devices for heating tobacco for the purpose of inhalation
Electronic cigarette cases
Holders for electronic cigarettes
Mouthpieces for cigarettes
Smokers' articles of precious metal, smokers' articles, not of precious metal, Electronic cigarette cleaners