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Philip Morris International failed to undo a competitor's trademark

recently, American tobacco company Philip Morris International (Philip Morris International) In asking the UK Intellectual Property Office (UKIPO) Withdraw the UK e-cigarette manufacturer All Vape the "QIS" The trademark effort fizzled, The reason is that it has not been proved "IQOS" The reputation of branded goods.

   "IQOS" The product is a tobacco heating system, It produces a vapor that contains nicotine, But it doesn't burn or give off smoke. Philip Morris promotes the product as a safer, but not risk-free, alternative to traditional cigarettes.

  The company has a range of involved "IQOS" Brand mark, Inclusive international, UK and EU registered trademarks.

  2019 years 4 month, Philip morris direction UKIPO Revocation was filed All Vape the "QIS" Claim for trademark, Calling the trademark his own "IQOS" The logo is very similar.

  2018 years, All Vape to UKIPO submit "QIS" Application for registration of the logo. The mark is in 2019 It was registered in 2005, Items covered include e-cigarettes and related products, For example, charger, sleeve (cartridges) And liquid.

  All Vape The website does not list any "QIS" Branded goods, But with "QYS" To promote its e-cigarette hardware.

  All Vape representation, its "QIS" Trademark and Philip Morris "IQOS" The logos have no resemblance whatsoever, And asked the tobacco company to prove its reputation in the e-cigarette market.   UKIPO representation, Philip Morris failed to provide it "IQOS" Sales figures for goods in the UK.   The tobacco giant is in London, Manchester and Bristol run a series "IQOS" The brand's franchise store.

  UKIPO Said the censor, They were unable to conclude on the evidence presented by Philip Morris that the brand was a commercial success in the UK.

  Philip Morris provided it "IQOS" Global market share data for brands and market value data in US dollars, But it did not submit any figures on UK turnover or any evidence of actual UK sales.

  Because Philip Morris couldn't get past it "IQOS" The use of the trademark in the UK proves that the trademark has strong distinctiveness, Its direction UKIPO Proposed revocation All Vape the "QIS" The trademark claim failed. UKIPO In the opinion of the examiner, All Vape the "QIS" Trademark and Philip Morris "IQOS" There is no resemblance to the trademark, Will not cause consumer confusion.

  Finally, UKIPO Philip Morris was asked to pay 800 sterling (about 978 dollar) Legal fees.

(Compiled from www. worldipreview. com)   

Reprinted from China Intellectual Property Network   translation: Li Yanqiu proofread: Liu Peng

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