The trademark YES! YOU CAN was filed by PROMOTORZY TRADING SPÓŁKA Z OGRANICZONĄ ODPOWIEDZIALNOŚCIĄ SPÓŁKA KOMANDYTOWA, a corporation established under the laws of the Republic of Poland (the "Applicant"). The application was published for oppositions on October 23, 2022, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on January 19, 2023 by POTOMAC TOBACCO COMPANY Sprl on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by KIRKPATRICK, SA/NV and its proceedings were handled in English The second opposition filed on January 16, 2023 by YESMOKE S.R.L. on Likelihood of confusion. the opponent was represented by LUPPI INTELLECTUAL PROPERTY SRL and its proceedings were handled in English
The application was filed in Polish, and Polish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003188256 was rejected according to Article 8(1)(b) EUTMR with decision issued on March 11, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 34 with following description of goods:
Tobacco free oral nicotine pouches [not for medical use]
Herbal molasses [tobacco substitutes]
Inhalable aerosols and carrier substances therefor, for use in water pipes
Flavourings for tobacco
Articles for use with tobacco
Cigarette paper
Books of cigarette papers
Snuff dispensers
Pipes
Tobacco pipes, not of precious metal
Pipes for smoking mentholated tobacco substitutes
Tobacco pipes of precious metal
Mentholated pipes
Pipe filters
Cigar cutters
Tobacco filters
Cigarette filters
Absorbent paper for tobacco pipes
Humidors
Japanese shredded tobacco (kizami tobacco)
Cigarette holders
Roll-your-own tobacco
Small cigars
Tobacco grinders
Mu'assel
Humidifiers for cigars
Humidifiers for tobacco
Pipe knives
Humidified cigar boxes
Absorbent paper for tobacco
Cigarette cases
Cigars
Cigarillos
Cigarettes, cigars, cigarillos and other ready-for-use smoking articles
Tobacco containers and humidors
Tobacco products
Pipe cleaners for tobacco pipes
Tobacco pouches
Pipe tampers
Leaf tobacco
Manufactured tobacco
Raw tobacco
Menthol pipe tobacco
Mentholated tobacco
Loose, rolling and pipe tobacco
Tobacco and tobacco substitutes
Hookah tobacco
Chewing tobacco
Roll-your-own tobacco
Roll-your-own tobacco
Smoking tobacco
Cigarette tobacco
Pipe tobacco
Flavored tobacco
Tobacco
Smokeless tobacco
Snuff boxes, not of precious metal
Snuff boxes of precious metal
Snuff boxes
Snuff with tobacco
Snuff without tobacco
Snuff
Snus with tobacco
Snus without tobacco
Snus
Tobacco pipe scrapers
Tobacco jars
Snuff
Tobacco tins
Matchboxes
Cigarette cases
Snuff box holders
Cigarette cutters
Pipe cleaners for tobacco pipes
Smokers' articles
Portable cigarette ash pouches
Tobacco products for the purpose of being heated
Ashtrays
Herbs for smoking
Electronic cigarettes
Chemical flavorings in liquid form used to refill electronic cigarette cartridges
Flavorings, other than essential oils, for use in electronic cigarettes
Electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of flavorings in liquid form used to refill electronic cigarette cartridges
Personal vaporisers and electronic cigarettes, and flavourings and solutions therefor
Cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes
Electronic cigarette liquid [e-liquid] comprised of propylene glycol
Electronic cigarette liquid [e-liquid] comprised of vegetable glycerin
Electronic devices for the inhalation of nicotine containing aerosol
Tobacco tar for use in electronic cigarettes
Smoking sets for electronic cigarettes
Replaceable cartridges for electronic cigarettes
Electronic cigarette cleaners
Refill cartridges for electronic cigarettes
Electronic nicotine inhalation devices
Cartridges for electronic cigarettes
Electronic cigarette cartomizers
Electronic cigarette atomizers
Holders for electronic cigarettes
Electronic cigarette cases
Electronic hookahs
Electronic cigars
Electronic smoking pipes
Flavoured mixtures, for sucking or chewing, made without tobacco in the form of powder or liquid
Flavoured mixtures, for sucking or chewing, made from tobacco in the form of powder or liquid
Flavoured mixes, for sucking or chewing, made partly of tobacco in powder form
Flavoured mixtures in bags, for sucking or chewing, made without tobacco in the form of powder or liquid
Flavoured mixtures in bags, for sucking or chewing, made from tobacco in the form of powder
Flavoured mixes in sachets, for sucking or chewing, made partly of tobacco in powder form
Tea for smoking as a tobacco substitute
Hookahs
Roll-your-own tobacco
Liquid solutions for use in electronic cigarettes
Liquid solutions for use in electronic cigarettes
Inhalers for use as an alternative to tobacco cigarettes
Oral vaporizers for smokers
Smokeless cigarette vaporizer pipes
Cigarette holders
Menthol cigarettes
Cigars for use as an alternative to tobacco cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Cigarette tubes
Hand held machines for injecting tobacco into paper tubes
Tobacco substitutes
Cigarettes containing tobacco substitutes
Tobacco substitutes not for medical purposes
Tobacco and tobacco products (including substitutes)
Cigarettes
Spittoons for tobacco users
Tobacco products
Tobacco substitutes not for medical purposes
Cigar lighters
Lighters for smokers
Cigarette lighters
Matches
Cigarette tubes
Cigarette filters
Pocket-size cigarette-rolling machines
Hand-operated apparatus for stuffing tobacco into cigarette tubes
Cigarettes containing tobacco substitutes
Flavouring inserts for tobacco products
Flavouring accessories for tobacco products, including cigarettes, tobacco, cigars, cigarillos, snuff and snus.