Key Points:
Outcome: The EU rejected Baltic Trade Solutions’ “Royal Smoke” trademark application, which was intended for e-cigarettes and similar products.
Reason for rejection: The mark was deemed too similar to British American Tobacco’s “Royals” trademark for cigarettes, sharing core elements and covering the same “smokers’ articles” category, creating a risk of consumer confusion.
Case details: BAT filed an opposition in 2024. The EU trademark in question is No. 19051987, with case number B3226003, heard by the EUIPO. Neither party has yet commented publicly.
According to Law360 on August 13, the EUIPO’s Opposition Division ruled on August 12 that Baltic Trade Solutions could not obtain exclusive rights to use “Royal Smoke” for selling e-cigarettes, as it is too similar to Rothmans of Pall Mall Ltd.’s “Royal” trademark used for cigarette products.
BAT had requested the rejection of the Latvian company’s trademark application in 2024, which covered e-cigarettes, cigarettes, and tobacco products.
The EUIPO found that these products fall within the same broader category of “smokers’ articles” as the earlier BAT registration.
The decision noted that BAT’s “Royals” mark appears almost in full within the Latvian company’s trademark. The shared element “Royal” forms the dominant component of the contested mark, while the word “Smoke” and other differing graphical elements are considered secondary and “much less significant in terms of trademark similarity.”
The EUIPO concluded that average consumers might believe the Latvian company’s mark is a sub-brand or variation of BAT’s “Royal” brand, adapted for slightly different products.
Representatives for both BAT and Baltic Trade Solutions have not yet responded to requests for comment.
The case involves EU trademark No. 19051987 and case No. B3226003, adjudicated by the EUIPO.
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