The trademark UP was filed by Flavourtec Sp. z o. o., a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on June 4, 2023, and received one opposition filed on September 3, 2023 by Reemtsma Cigarettenfabriken GmbH on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PATPOL Kancelaria Patentowa Sp. z o.o. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 3, 2023
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003202347 was refused according to Article 8(1)(a) EUTMR with decision issued on October 6, 2024 by the EUIPO.
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 cigars
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Electronic cigarette atomizers
Liquid solutions for use in electronic cigarettes
Electronic cigarette cartomizers
Cartridges for electronic cigarettes
Refill cartridges for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Oral vaporizers for smokers
Smokeless cigarette vaporizer pipes
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Smoking sets for electronic cigarettes
Electronic rechargeable cigarette cases
Electronic cigarette boxes
Electronic cigarette cases
Holders for electronic cigarettes
Electronic cigarette cleaners
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Cigarette cases
Cigarette tips
Books of cigarette papers
Cigar cases
Cigar filters
Cigar cutters
Tobacco
Tobacco jars
Tobacco pouches
Electronic smoking pipes
Tobacco pipes
Pipe cleaners for tobacco pipes
Cases, not of precious metal for pipes
Matches
Match holders
Lighters for smokers
Snuff.
The mark was filed in class 35 with Retail and wholesale services in relation to: Tobacco and Products derived from tobacco Including tobacco substitutes, articles for use with tobacco, Matches, Personal vaporizers and electronic cigarettes, and flavourings and solutions thereof and Parts and fittings for the aforesaid goods, The aforesaid goods included in class 34.