The trademark LUCKY ROD was filed by Shenzhen Jiqi Technology Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on July 8, 2021, and received one opposition filed on October 7, 2021 by British American Tobacco (Brands) Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 7, 2021
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
The Opposition with reference B 003156288 was refused according to Article 8(1)(b) EUTMR with decision issued on October 11, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 34 with following description of goods:
Chewing tobacco
Cigarette cases
Cigarette tips
Cigarettes
Cigarettes containing tobacco substitutes, not for medical purposes
Cigars
Electronic cigarettes
Flavorings, other than essential oils, for tobacco
Flavorings, other than essential oils, for use in electronic cigarettes
Herbs for smoking
Liquid solutions for use in electronic cigarettes
Snuff
Tobacco.
The mark was filed in class 35 with following description of goods:
Advertising
Advertising by mail order
Bill-posting
Business management consultancy
Marketing
Online advertising on a computer network
Organization of exhibitions for commercial or advertising purposes
Outdoor advertising
Pay per click advertising
Presentation of goods on communication media, for retail purposes
Production of teleshopping programs
Promotion of goods and services through sponsorship of sports events
Providing user rankings for commercial or advertising purposes