The trademark MR. EDS was filed by My Shisha Europe GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on April 22, 2021, and received one opposition filed on June 7, 2021 by null on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Mark was filed without authorisation of proprietor. the opponent was represented by GOLDCLIFF STARK and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued June 7, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on June 17, 2021.
Goods And Services
The mark was filed in class 4 with following description of goods:
Hookah charcoal
Coal based fuels
Fuel
Combustibles for hookahs
Barbecue briquettes
Briquettes
Biofuels
Combustible briquettes [charcoal briquettes]
Combustible briquettes
Coal briquettes
Coal
Charcoal for use as fuel
Charcoal briquettes
Charcoal based products for use as a fuel
Charcoal [fuel]
Fuel for use in barbecues
Household fuel briquettes
Hookah charcoal
Coconut coal
Lump charcoal
Wood coal for grilling.
The mark was filed in class 34 with following description of goods:
Hookahs
Hookah tobacco
Steam stones for hookahs
Electronic hookahs
Mu'assel
Substances for inhalation using water pipes, in particular aromatic substances
Inhalable aerosols and carrier substances therefor, for use in water pipes
Tobacco
Tobacco jars
Tobacco pouches
Tobacco products
Flavored tobacco
Electronic cigarettes
Electronic cigarette cases
Liquid solutions for use in electronic cigarettes
Electric cigarette cartridges
Cleaners for hookahs
Electronic cigarette cleaners
Flavourings, other than essential oils, for use in electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of propylene glycol
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
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
Mouthpieces for cigarettes
Flavourings, other than essential oils, for tobacco
Flavorings, other than essential oils, for tobacco substitutes
Tobacco pouches
Tobacco tins
Tobacco tar for use in electronic cigarettes
Liquid solutions for use in electronic cigarettes
Cartridges for electronic cigarettes
Replaceable cartridges for electronic cigarettes
Refill cartridges for electronic cigarettes
Electronic cigarette atomizers
Holders for electronic cigarettes
Cigarette cases not of precious metal
Cigarette holders not of precious metal
Flavourings for tobacco
Flavourings and solutions for vaporisers and electronic cigarettes
Flavourings, other than essential oils, for use in electronic cigarettes and vaporisers
Ashtrays
Humidifiers for tobacco
Electronic smoking pipes
Electronic vaporizers
Humectants for water pipe tobacco
Lighters for smokers
Liquid solutions for use in electronic cigarettes and vaporisers
Glass and clay bowls, being parts of oriental water pipes
Glass bowls, being parts of oriental water pipes
Glass shisha pipes
Main valves of stainless steel being parts of oriental water pipes
Herbal molasses to be smoked in a hookah
Artificial and natural flavourings for use in the production of tobacco
Liquids based on molasses and golden syrup for hookah tobacco
Mouthpieces being parts of oriental water pipes
Tips for electronic cigarettes
Mouth pieces for pipes
Pipe tobacco
Lighters for smokers, Matches
Smokers articles, namely flavoring for hookah base water
Smokers' articles, namely apparatus for making cigarettes, in particular for rolling and filling, tobacco smoke filters, absorbent paper for tobacco smoke, paper filters, tobacco pipes, pipe cleaners, tools for pipes, tobacco tins, cigarette holders
Smoke columns of stainless steel, being parts of oriental water pipes
Electronic cigarette boxes
Vaporiser boxes
Hose seals for oriental water pipes
Hoses for oriental water pipes
Raw and processed tobacco
Tobacco substitutes not for medical purposes
Tobacco bowls, being parts of oriental water pipes
Dip tubes of stainless steel, being parts of oriental water pipes
Trays and tray holders of stainless steel being parts of oriental water pipes
Clay bowls and pottery, being parts of water pipes
Valves for oriental water pipes
Hookahs
Hookah bowl insert containing flavored herbs
Hookah sets including hookah bowls, Mouthpieces and tongs
Hookah accessories, including, mouthpieces and tongs.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Marketing
Wholesaling and retailing, including via the internet, in relation the following goods: Hookah pipes, Water pipe accessories And Tobacco
Business administration
Office functions
Marketing and promotion services
Online advertisements
Distribution of advertising material, namely flyers, prospectuses, pamphlets for mail order [long distance or not]
Organisation of events for commercial and advertising purposes
Organization of events, exhibitions, fairs and shows for commercial, promotional and advertising purposes
Services with regard to product presentation to the public
Retailing and wholesaling relating to smokers' articles and parts and fittings therefor
Wholesaling and retailing in relation to tobacco tins, cases, vessels and pouches, tobacco flavourings, tobacco substitutes, smokers' articles, pipes, pipe tampers, pipe racks for tobacco pipes, pipe stands, vaporiser pipes for smokeless smokers' articles, lighters for smokers, lighter flints for smokers, matches, ashtrays and works of art
Consultancy and information regarding the aforesaid services
Trading in relation to goods, namely: smokers' articles, cigarettes, cigars, tobacco pipes, tobacco, tobacco substitutes, cigarettes containing tobacco substitutes, electronic cigarettes, evaporator tubes for smokeless cigarettes, ashtrays, lighters for smokers, cigar and cigarette cases, cigar cases
Merchandising services in relation the following goods: Cigarette cases, cigarette boxes, Tobacco jars, Containers for matches, flavourings for tobacco, tobacco humidifiers, tobacco filters, Cigarettes papers, Cigar cutters, Hookah pipes, Charcoal for hookahs, Pipe scrapers, Pipe tampers, Mouth pieces for pipes, Cigar holders, cigarette tips
Online retail outlets for smokers' articles and parts and fittings therefor.
The mark was filed in class 43 with following description of goods: