The trademark LAST MARY was filed by Artur Nowak, a national of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 19, 2023, and received one opposition filed on December 17, 2023 by Imiracle (HK) Limited on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by GLP S.R.L. (SEDE DI MILANO) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 17, 2023
The application was filed in Polish, and Polish 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:
Electronic cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Tobacco free oral nicotine pouches [not for medical use]
Pipes for smoking mentholated tobacco substitutes
Herbal molasses [tobacco substitutes]
Snus
Snus without tobacco
Snus with tobacco
Substances for inhalation using water pipes, in particular aromatic substances
Tobacco substitutes
Tobacco substitutes not for medical purposes
Snuff
Snuff without tobacco
Snuff with tobacco
Tobacco
Flavored tobacco
Smokeless tobacco
Pipe tobacco
Smoking tobacco
Cigarette tobacco
Tobacco products
Mentholated tobacco
Cigarettes
Cigars
Cigarillos
Smokers' articles of precious metal
Smokers' articles, not of precious metal
Cigarette paper
Pipe stems
Books of cigarette papers
Cigarette holders
Electronic smoking pipes
Electronic cigarette cases
Cigar pouches
Tobacco pipes
Mentholated pipes
Cigarette tips
Tobacco filters
Cigar cutters
Cigarette tubes
Pocket machines for rolling cigarettes
Tobacco products for the purpose of being heated
Smoking urns
Ready-made cigarette tubes with filters
Pipe cleaners for tobacco pipes
Electronic cigarette boxes
Hand held machines for injecting tobacco into paper tubes
Tobacco pipe scrapers
Cigarette cutters
Bags for pipes
Pipe tampers
Holders for electronic cigarettes
Devices for heating tobacco substitutes for the purpose of inhalation
Electronic cigarette cleaners
Devices for heating tobacco for the purpose of inhalation
Mouth pieces for pipes
Mouthpieces for cigarettes
Cigar holders
Tobacco pouches
Pipe stoppers [smokers requisites]
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Electronic cigarette atomizers
Liquid solutions for use in electronic cigarettes
Electronic cigars
Inhalers for use as an alternative to tobacco cigarettes
Electronic cigarette cartomizers
Cartridges for electronic cigarettes
Refill cartridges for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Electronic cigarette liquid [e-liquid] comprised of propylene glycol
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Tobacco tar for use in electronic cigarettes
Electronic devices for the inhalation of nicotine containing aerosol
Electronic nicotine inhalation devices
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
Flavourings, other than essential oils, for use in electronic cigarettes