The trademark Ultra Vibe was filed by Shenzhen Xinchen Technology Co., LTD, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on September 23, 2021, and received one opposition filed on December 19, 2021 by Trompenburg Holdings B.V. on Likelihood of confusion. the opponent was represented by van den Bogaard, Bastiaan Willem Jasper and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 19, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003160678 was refused according to Article 8(1)(b) EUTMR with decision issued on December 15, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 34 with following description of goods:
Electronic smoking pipes
Electric cigarettes [electronic cigarettes]
Electronic cigarettes for use as an alternative to traditional cigarettes
Tobacco substitutes not for medical purposes
Flavorings, other than essential oils, for use in electronic cigarettes
Cigarettes
Electronic cigars
Electronic cigarette boxes
Electric cigarettes [electronic cigarettes]
Devices for heating tobacco substitutes for the purpose of inhalation
Liquid nicotine solutions for use in electronic cigarettes
Tobacco substitutes
Oral vaporizers for smokers
Electronic cigarette liquid (e-liquid) comprised of propylene glycol
Electronic cigarette liquid (e-liquid) comprised of vegetable glycerin
Chemical flavorings in liquid form used to refill electronic cigarette cartridges