The trademark FRIOBAR was filed by AVANT SMOKE, a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on August 31, 2022, and received one opposition filed on November 29, 2022 by Shenzhen Freemax Tech Co., LTD. on Likelihood of confusion. the opponent was represented by BreguĊa, Krzysztof and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 29, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003184138 was refused according to Article 8(1)(b) EUTMR with decision issued on November 8, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 34 with following description of goods:
Articles for use with tobacco
Matches
Tobacco and tobacco products (including substitutes)
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Menthol cigarettes
Cigars for use as an alternative to tobacco cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Cigarettes containing tobacco substitutes
Small cigars
Tobacco free cigarettes, other than for medical purposes
Filter-tipped cigarettes
Cigarillos
Cigars
Cheroots
Flavourings, other than essential oils, for tobacco
Flavorings, other than essential oils, for tobacco substitutes
Tea for smoking as a tobacco substitute
Manufactured tobacco
Kretek for non-medical purposes
Inhalable aerosols and carrier substances therefor, for use in water pipes
Tobacco tar for use in electronic cigarettes
Flavourings, other than essential oils, for use in electronic cigarettes
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Electronic cigarette atomizers
Electronic cigarette cartomizers
Refill cartridges for electronic cigarettes
Replaceable cartridges for electronic cigarettes
Cartridges for electronic cigarettes
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Electronic cigarettes
Electronic nicotine inhalation devices
Electronic devices for the inhalation of nicotine containing aerosol
Inhalers for use as an alternative to tobacco cigarettes
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Electronic cigarette liquid [e-liquid] comprised of propylene glycol
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Electronic cigars
Electronic rechargeable cigarette cases
Smoking sets for electronic cigarettes
Liquid solutions for use in electronic cigarettes
Substances for inhalation using water pipes, in particular aromatic substances
Oral vaporizers for smokers
Smokeless cigarette vaporizer pipes
Safety matches
Match holders
Match holders not of precious metal
Match holders of precious metal
Paraffin matches
White phosphorus matches
Yellow phosphorus matches
Sulfur matches
Matchboxes
Match boxes not of precious metal
Match boxes of precious metal
Cigarette holders not of precious metal
Tobacco jars
Humidors
Cigarette boxes of precious metal
Cases of precious metal for pipes
Cigar boxes
Cigar boxes of precious metal
Snuff boxes of precious metal
Snuff boxes, not of precious metal
Humidified cigar boxes
Containers for cigars
Cigarette cases not of precious metal
Cases, not of precious metal for pipes
Snuff dispensers
Humidors for cigars of precious metal
Humidors of precious metals
Humidifiers for cigars
Humidifiers for tobacco
Tobacco tins
Cigar pouches
Bags for pipes
Tobacco pouches
Automatic cigarette cases
Cigarette cases made of precious metal
Cigarette cases
Cigar cases
Snuff box holders
Snuff boxes
Cigar tubes
Liquefied gas cylinders for cigarette lighters
Gas containers for cigar lighters
Wicks adapted for cigarette lighters
Cigarette lighter holders, not of precious metal
Cigarette lighters of precious metal
Cigarette lighters, not of precious metal
Firestones
Firestones for lighters for smokers
Cigarette lighter holders
Cigarette lighter holders of precious metal
Lighters not of precious metal [not for automobiles]