The trademark VapeBayWow was filed by VAPEBUYNOW UK LTD, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on September 26, 2022, and received one opposition filed on December 15, 2022 by eBay Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 15, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on December 2, 2024.
The Opposition with reference B 003185855 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on December 17, 2023 by the EUIPO. The Appeal with reference B R0363/2024-5 was Trade mark application partially refused according to Article 8(1)(b) EUTMR with decision issued on November 19, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 34 with following description of goods:
Electronic cigarettes
Liquid solutions for use in electronic cigarettes
Cigarette tips
Tobacco jars
Cigarette cases
Cigars
Tobacco
Mouthpieces for cigarette holders
Snuff boxes
Pipe cleaners for tobacco pipes
Oral vaporizers for smokers
Lighters for smokers
Cigarette paper
Ashtrays for smokers
Pipe racks for tobacco pipes
Herbs for smoking
Chewing tobacco
Matchboxes
Matches
Flavorings, other than essential oils, for use in electronic cigarettes.
The mark was filed in class 35 with following description of goods:
Online advertising on a computer network
Presentation of goods on communication media, for retail purposes
Pay per click advertising
Publication of publicity texts
Sales promotion for others
Provision of an online marketplace for buyers and sellers of goods and services
Marketing
Providing business information
Business management consultancy
Market intelligence services
Advertising
Influencer marketing
Advertising agency services
Consultancy regarding advertising communication strategies
Advertising services to create brand identity for others