Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies

Elfbar by Charlotte Yu, edited by Sophia
Mar.05.2024
Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies
Heaven Gifts faces trademark rejection for "ELFBAR" due to widespread imitation, legal action taken. Expert expresses doubt.

Recently, 2FIRSTS found through a search on the China Trademark website that the trademark "ELFBAR" applied for by Heaven Gifts (Shenzhen) Technology Co., Ltd. has been rejected. According to the trademark process status, the trademark was applied for registration on May 9, 2023, and was rejected on February 24, 2024.

 

In response to this matter, ELFBAR stated to 2FIRSTS that the rejection was due to a large number of trademarks imitating and plagiarizing ELFBAR on the market. ELFBAR has taken legal action, claiming that the trademark will eventually be approved for registration. However, 2FIRSTS interviewed practicing Counsellor Tang Shunliang, who has extensive experience in both new tobacco and intellectual property fields, who expressed doubts about whether the registration process would be smooth. He told 2FIRSTS that the trademark registration for ELFBAR in China was "not optimistic" for Heaven Gifts.

 

Overdue "Bill"

 

Counsellor Tang Shunliang told 2FIRSTS that the trademark dispute encountered by Heaven Gifts was caused by errors in trademark registration both domestically and internationally. The trademark registration errors of Heaven Gifts have also occurred in foreign markets. In the United States, ELFBAR has also been involved in trademark disputes, but as the defendant brand.

 

In July 2021, the United States Patent and Trademark Office rejected the registration of the "ELFBAR" trademark in the United States due to its similarity to the "ELF" brand under VPR, which was submitted in November 2017 and approved in May 2018. In February 2023, the U.S. District Court for the Southern District of Florida issued a judgment approving the plaintiff VPR Brands LP's "Motion for Preliminary Injunction [ECF No. 5]" and denying the defendants such as Shenzhen Vapeonly Technology Co., Ltd.'s motion for rehearing. In accordance with the judge's order, Shenzhen Vapeonly Technology Co., Ltd. is to cease all marketing activities of its "ELFBAR" brand e-cigarette in the United States.

 

A series of domestic and foreign trademark registration mistakes have led to the current difficulties faced by Heaven Gifts, and this is not an isolated case. Many Chinese e-cigarette brands are experiencing this round of legal crises due to a large number of domestic e-cigarette factories that simply focused on making money in the early stages of business development through "OEM processing" instead of building a strong brand. They aimed for quantity over quality, hoping to create a few popular products in their massive product lines, and cover their sunk costs with the high profits from these popular products, deeming it a commercial success.

 

However, ignoring the consequences of initial investment is now resulting in a delayed "bill." Counsellor Tang Shunliang told 2FIRSTS that Heaven Gifts is experiencing the inevitable pains of Chinese manufacturers transitioning from OEM to branding. This mistake in domestic and international trademark registration will force domestic manufacturers to hand over their initiative, especially to overseas distributors, causing high legal costs in terms of time and money. Furthermore, the trademark registration that Heaven Gifts hopes to achieve may not be approved.

 

How to eliminate risks from the very beginning of brand creation, perfect and maintain the "moat" of overseas trademarks, and minimize the impact from external speculators. This will be a topic that Heaven Gifts and other e-cigarette companies and brands planning for growth and international expansion need to research.

 

Several Chinese Companies Registered Trademarks Containing "ELFBAR"

 

According to public information, 2FIRSTS has conducted an overview of other companies that are also associated with the "ELFBAR" trademark. (The images in the following text are all from the China Trademark Website unless otherwise specified)

 

In the database available for search on the Chinese Trademark website, there are 59 trademarks submitted for registration based on "ELFBAR", all of which are registered by commercial entities other than Heaven Gifts Technology Co., Ltd. There are 6 different business entities that registered these trademarks, all occurring between the years 2022 and 2023.

 

Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies

 

Rakabunila Wholesale was the first to register the trademark "ELFBAR USA" in August 2022. The entity is not listed in mainstream public databases such as Tianyancha, but has applied for multiple trademarks under the international classification "34 Tobacco and Tobacco Accessories," including well-known brands like FLUM.

 

爱奇迹国内申请商标被拒: “ELFBAR商标”之争背后中国电子烟企业的品牌隐忧

 

Disike (Dongguan) Electronic Technology Co., Ltd. later registered a similar "ELFBARUSA" trademark at the end of September 2022, with slightly different font colors and no space between the two words. However, it has no business connection with Heaven Gifts. During a previous investigation into the underground e-cigarette market in Hong Kong, one of the products purchased by 2FIRSTS was identified as being produced by this company, with the packaging not passing anti-counterfeiting verification. The company also has several trademarks registered that are similar to well-known brands.

 

Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies
Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies
Image source | Qichacha

 

Shenzhen VapeEra Technology Co., Ltd. recently registered the trademark "ELFBAR ORIGINAL" in October 2022, with the intention of conveying the meaning of "original ELFBAR". According to public records, the company was established in 2016 with a subscribed capital of 5 million yuan. Its main office is located in Bao'an District, Shenzhen, and it operates in the e-commerce industry, specializing in e-cigarettes and electronic vaporization devices. However, it has no business relationship with Heaven Gifts.

 

爱奇迹国内申请商标被拒: “ELFBAR商标”之争背后中国电子烟企业的品牌隐忧

 

Dongguan Yizhidong Technology Co., Ltd. also registered the trademark "ELFBARCN" in October 2022. The company was established in 2020 and is based in Humen Town, Dongguan City, Guangdong Province. Its business scope includes research and development, production, and sales of e-cigarettes and accessories (excluding online sales), but public records do not show any business overlap with Heaven Gifts.

 

Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies

 

In the same year, earlier in July, it registered multiple trademarks related to "Love 96" and "LOVE96" associated with smoking products. Currently, there are no products available in the market with these trademarks, but products like LAFI 6500 PUFFS include flavor names with the same title.

 

Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies
 

 

Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies
LAFI's products include the "LOVE69" flavor| Image source: LAFI official website

 

Shenzhen Haibo Atomization Technology Co., Ltd. registered two trademarks named "ELFBAR CLOUDS" on the same day in April 2022. However, public information does not show any business overlap with Heaven Gifts. The company also has registered similar trademarks related to ELUX. Its licensed business activities include import and export of goods, and its registered customs operation category is also for import and export goods transportation.

 

Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies
爱奇迹国内申请商标被拒: “ELFBAR商标”之争背后中国电子烟企业的品牌隐忧
爱奇迹国内申请商标被拒: “ELFBAR商标”之争背后中国电子烟企业的品牌隐忧

 

Dora International Limited was newly established in April 2023 and registered the "ELFBAR GOLD BAR" in the same year in August. However, public records do not show any business connection with Heaven Gifts. Within less than a year of its establishment, the company has intensively applied for multiple trademarks involving well-known brands, including CRYSTAL BAR in addition to ELFBAR.

 

Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies
Heaven Gifts Trademark Rejection: Brand Challenges Faced by Chinese E-cig Companies
Source: Qichacha

 

All six registered entities are involved in the new tobacco business, but most of them do not have direct relationships with Heaven Gifts in terms of subcontracting or other upstream and downstream appointments. These trademarks have caused obstacles in the domestic trademark registration process of ELFBAR, and have also partially led to the problem of non-compliant products bearing the name "ELFBAR" flooding the US market. Furthermore, the trademarks registered under these companies also involve other well-known brands besides just ELFBAR.

 

2FIRSTS will continue to track cases of trademark squatting and infringement.

 

We welcome news tips, article submissions, interview requests, or comments on this piece.

Please contact us at info@2firsts.com, or reach out to Alan Zhao, CEO of 2Firsts, on LinkedIn


Notice

1.  This article is intended solely for professional research purposes related to industry, technology, and policy. Any references to brands or products are made purely for objective description and do not constitute any form of endorsement, recommendation, or promotion by 2Firsts.

2.  The use of nicotine-containing products — including, but not limited to, cigarettes, e-cigarettes, nicotine pouchand heated tobacco products — carries significant health risks. Users are responsible for complying with all applicable laws and regulations in their respective jurisdictions.

3.  This article is not intended to serve as the basis for any investment decisions or financial advice. 2Firsts assumes no direct or indirect liability for any inaccuracies or errors in the content.

4.  Access to this article is strictly prohibited for individuals below the legal age in their jurisdiction.

 

Copyright

 

This article is either an original work created by 2Firsts or a reproduction from third-party sources with proper attribution. All copyrights and usage rights belong to 2Firsts or the original content provider. Unauthorized reproduction, distribution, or any other form of unauthorized use by any individual or organization is strictly prohibited. Violators will be held legally accountable.

For copyright-related inquiries, please contact: info@2firsts.com

 

AI Assistance Disclaimer

 

This article may have been enhanced using AI tools to improve translation and editorial efficiency. However, due to technical limitations, inaccuracies may occur. Readers are encouraged to refer to the cited sources for the most accurate information.

We welcome any corrections or feedback. Please contact us at: info@2firsts.com

UK Proposes Stricter Vape Packaging Rules as Retailers Warn of £330 Million Impact
UK Proposes Stricter Vape Packaging Rules as Retailers Warn of £330 Million Impact
The UK government has launched a nationwide consultation on vape packaging, appearance and retail displays, proposing tighter rules to reduce youth appeal while industry groups warn of significant compliance costs.
Innovation
Jul.20
New Zealand Associate Health Minister Casey Costello Warns on Illicit Cigarettes as Legal Tobacco Sales Halve Over Decade
New Zealand Associate Health Minister Casey Costello Warns on Illicit Cigarettes as Legal Tobacco Sales Halve Over Decade
New Zealand Associate Health Minister Casey Costello said legal tobacco sales in the country have fallen by more than half over the past decade, with sales declining more than 20% in 2025 compared with the previous year. She warned that the decline may not fully reflect lower smoking rates, as increased availability of illicit cigarettes could also be contributing. The government said it would continue strengthening tobacco and vape retail enforcement while monitoring the impact of illicit tobacco on public health and tax revenue.
Aug.26
South Korea Vape Strategies Diverge as BAT Reconsiders Exit and PMI Takes VEEV to About 14,000 Stores
South Korea Vape Strategies Diverge as BAT Reconsiders Exit and PMI Takes VEEV to About 14,000 Stores
BAT Rothmans says it previously considered exiting South Korea's vaping market because of competitive pressure from unregulated products, but is now reassessing conditions following changes to the country's nicotine regulatory framework. Vuse and other BAT vaping products remain available through existing distribution channels. The statement followed a South Korean media report that interpreted BAT's broader withdrawal from selected Vapour markets as a full exit from South Korea. Meanwhile, Philip Morris International launched VEEV inPRIME in the country in June and began expanding distribution to around 14,000 convenience stores and other retail channels in July. The contrasting moves highlight differing investment strategies as South Korea's regulated vaping market evolves.
Aug.14
PMI Global R&D Chief Meets Chinese Tobacco Regulator as China Advances Heated Cigarette Standards
PMI Global R&D Chief Meets Chinese Tobacco Regulator as China Advances Heated Cigarette Standards
Philip Morris International’s global R&D chief Michele Cattoni met Liu Sanjiang, deputy director of China’s State Tobacco Monopoly Administration, in Beijing on Aug. 27. The meeting comes as China advances mandatory standards for heated cigarettes and nicotine pouches, laying groundwork for their domestic introduction. Cattoni has held senior roles in PMI’s heated tobacco development, while China’s draft standard covers multiple heating architectures, including systems similar in principle to PMI’s IQOS ILUMA technology.
Aug.27
Iowa Enforces Vape Registry Law as Retailers Warn Product Limits Could Increase Store Pressure
Iowa Enforces Vape Registry Law as Retailers Warn Product Limits Could Increase Store Pressure
Iowa has begun enforcing its vape registry law, requiring vape products to be registered before they can be legally sold in the state. The move follows a decision by the U.S. Court of Appeals for the Eighth Circuit to lift an injunction that had blocked enforcement. Retailers have warned that tighter product availability rules could increase pressure on vape shops. One Iowa retailer said that if only a limited number of products remain available, many stores could face significant business challenges.
Aug.06
FDA Authorizes JUUL2, Cites Adult Switching Amid Efforts to Speed PMTA Reviews
FDA Authorizes JUUL2, Cites Adult Switching Amid Efforts to Speed PMTA Reviews
The FDA authorized the JUUL2 device and tobacco- and menthol-flavored pods on Aug. 28, bringing the number of authorized e-cigarette products to 48. The agency highlighted complete switching among adult smokers, with six-week switching rates reaching 28.4%–49.3% for the menthol pod. The decision comes as FDA works to speed PMTA reviews, reduce application backlogs and expand authorized e-cigarette and nicotine-pouch products while maintaining enforcement priorities for unauthorized products.
Regulations
Aug.29