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10 March 2020TrademarksRory O'Neill

British American Tobacco blocks ‘KOOL’ vape mark

British American Tobacco (BAT) has blocked an e-cigarette maker from registering a UK trademark, arguing that it has exclusive rights to use the term ‘Kool’ in relation to smoking products.

The dispute arose in 2018 when Darkstar International, a vaping supplier, filed to register ‘Kool Shot’ in class 34 covering products related to e-cigarettes.

BAT opposed the mark based on two prior EU trademark registrations for ‘KOOL’, including a stylised logo. Both marks were also registered in class 34, covering cigarettes, tobacco, and other smoking-related products.

In particular, BAT’s ‘KOOL’ word mark covered many of the same goods as Darkstar’s registration, including e-cigarettes and the liquid used in them.

The UK Intellectual Property Office (IPO) found the competing marks to be “conceptually similar”, while the term ‘Shot’ was likely to be interpreted “as something that is small and/or quick”.

According to the IPO, goods marketed under the ‘Kool Shot’ brand were “likely to be viewed as indicating a smaller, or perhaps faster acting, product sold by [BAT]”.

As part of its evidence, BAT had submitted print-outs of webpages showing use of the terms “one-shot” or “nicotine shot”. These terms refer to products designed to boost the nicotine content of the liquid used in e-cigarettes.

“I consider that the marks, both of which include the same misspelling of the word ‘cool’, will be viewed as originating from the same or economically linked undertakings,” the IPO examiner concluded.

The IPO awarded costs of £1,100 ($1,434) to BAT.

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