The trademark SWHYPE was filed by BRITISH AMERICAN TOBACCO ITALIA S.P.A., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on March 3, 2020, and received one opposition filed on May 3, 2020 by Avoria GmbH on Likelihood of confusion. the opponent was represented by HEIMLER RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 3, 2020
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 9 with following description of goods:
Electronic magazines
Electronic publications, downloadable
Shutter releases
Battery chargers for electronic cigarettes
Chargers for electronic cigarettes
Chargers for electronic cigarettes
Electronic cigarette batteries
USB chargers for electronic cigarettes
Firmware and software for electronic cigarettes
Portable charging cases for electronic cigarettes and vaporizers.
The mark was filed in class 16 with following description of goods:
Periodicals
Magazines [periodicals]
Journals
Printed publications
Promotional publications
Promotional publications
Photographs.
The mark was filed in class 34 with following description of goods:
Cigarettes
Tobacco
Roll-your-own tobacco
Pipe tobacco
Tobacco products
Tobacco substitutes not for medical purposes
Cigars
Cigarillos
Cigarette lighters
Cigar lighters
Matches
Articles for use with tobacco
Cigarette paper
Cigarette tubes
Cigarette filters
Pocket machines for rolling cigarettes
Hand held machines for injecting tobacco into paper tubes
Electronic cigarettes
Liquid solutions for use in electronic cigarettes
Tobacco products for the purpose of being heated
Electronic cigarette atomizers
Electronic cigarette cartomizers
Cartridges for electronic cigarettes
Electronic cigarette boxes
Electronic cigarette cleaners
Smoking sets for electronic cigarettes
Liquid solutions for use in 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
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Flavorings, other than essential oils, for use in electronic cigarettes
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Chemical flavorings in liquid form used to refill electronic cigarette cartridges.
The mark was filed in class 41 with following description of goods:
Publication of electronic magazines
Publication of books, magazines, almanacs and journals
Multimedia publishing of magazines
Publishing of web magazines
On-line library services, namely, providing electronic library services which feature newspapers, magazines, photographs and pictures via an on-line computer network