The trademark ChillMist was filed by Ying Du, a national of the People's Republic of China (the "Applicant"). The application was published for oppositions on May 31, 2022, and received one opposition filed on August 9, 2022 by Starbuzz Tobacco, Inc. on Likelihood of confusion. the opponent was represented by KUHNEN & WACKER PATENT- UND RECHTSANWALTSBĂRO PARTG MBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 9, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
The Opposition with reference B 003176775 was refused according to Article 8(1)(b) EUTMR with decision issued on October 12, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 34 with following description of goods:
Cigarettes containing tobacco substitutes, not for medical purposes
Snus
Electronic cigars
Flavorings, other than essential oils, for use in electronic cigarettes
Electric cigarettes [electronic cigarettes]
Refill cartridges for electronic cigarettes
Cases for electronic cigarettes
Electronic cigarettes for use as an alternative to traditional cigarettes
Electronic cigarette atomizers
Electronic nicotine inhalation devices
Electronic devices for the inhalation of nicotine containing aerosol
Devices for heating tobacco for the purpose of inhalation
Devices for heating tobacco substitutes for the purpose of inhalation
Electronic cigarette liquid [e-liquid] comprised of flavourings in liquid form used to refill electronic cigarette cartridges
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Cartridges sold filled with chemical flavourings in liquid form for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Electronic cigarette liquid [e-liquid] comprised of propylene glycol
Devices for extinguishing heated cigarettes and cigars as well as heated tobacco sticks.