The trademark WAVE was filed by PHILIP MORRIS PRODUCTS S.A., a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on September 7, 2022, and received one opposition filed on December 5, 2022 by Wave Tobacco UG (haftungsbeschränkt) on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by RECHTS- UND PATENTANWALTSKANZLEI LEWINSKY & KOLLEGEN and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 5, 2022
The application was filed in English, and English was also language of all opposition proceedings (Spanish was selected as the second language).
Requests for conversion of an EUTM application into a national trade mark application of the trademark registration was recorded on May 23, 2023.
Goods And Services
The mark was filed in class 34 with following description of goods:
Wired vaporizer for electronic cigarettes and electronic smoking devices
Tobacco, raw or manufactured
Tobacco products, including cigars, cigarettes, cigarillos, tobacco for roll your own cigarettes, pipe tobacco, chewing tobacco, snuff tobacco, kretek
Snus
Tobacco substitutes (not for medical purposes)
Smokers'articles, including cigarette paper and tubes, cigarette filters, tobacco tins, cigarette cases and ashtrays for smokers, pipes, pocket apparatus for rolling cigarettes, lighters for smokers
Matches
Tobacco sticks, tobacco products for the purpose of being heated, electronic devices and their parts for the purpose of heating cigarettes or tobacco in order to release nicotine-containing aerosol for inhalation
Liquid nicotine solutions for use in electronic cigarettes
Electronic smoking devices
Electronic cigarettes
Electronic cigarettes as substitute for traditional cigarettes
Electronic devices for the inhalation of nicotine-containing aerosol
Oral vaporising devices for smokers, tobacco products and tobacco substitutes
Smoker's articles for electronic cigarettes
Parts and fittings for the aforesaid products included in class 34
Devices for extinguishing heated cigarettes and cigars as well as heated tobacco sticks