The trademark NEXUS was filed by NEXUS POLSKA SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on September 13, 2021, and received one opposition filed on December 1, 2021 by NEXUS ENERGIA, S.A. on Likelihood of confusion. the opponent was represented by FALCON ABOGADOS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 1, 2021
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 003159505 was rejected according to Article 8(1)(b) EUTMR with decision issued on January 22, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with Tobacco-free cigarettes for medical purposes.
The mark was filed in class 34 with following description of goods:
Humidors
Flavourings, other than essential oils, for use in electronic cigarettes
Electronic cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Herbs for smoking
Tobacco free cigarettes, other than for medical purposes
Smokeless cigarette vaporizer pipes
Oral vaporizers for smokers
Tea for smoking as a tobacco substitute
Smokeless tobacco
Tobacco products
Tobacco and tobacco substitutes
Tobacco and tobacco products (including substitutes)
Articles for use with tobacco
Herbs for smoking
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Devices for heating tobacco for the purpose of inhalation
Devices for heating tobacco substitutes for the purpose of inhalation.
The mark was filed in class 35 with following description of goods:
Retail services in relation to tobacco
Wholesale services in relation to tobacco
Retail services in relation to articles for use with tobacco
Wholesale services in relation to articles for use with tobacco
Retailing of refills for devices for heating tobacco substitutes for the purpose of inhalation
Wholesaling of refills for devices for heating tobacco substitutes for the purpose of inhalation
Retailing of refills for devices for heating tobacco for the purpose of inhalation
Wholesaling of refills for devices for heating tobacco for the purpose of inhalation.