EUIPO Rejects Imiracle’s Objection To The Crystal trademark

European Union Intellectual Property Office rejects iMiracle’s objection to the “Crystal” trademark, stating that it has not been proven to have an actual use in Slovakia

The European Union Intellectual Property Office (EUIPO) has ruled that Imiracle has failed to prove that its “Elfbar Crystal” brand has actual commercial use in Slovakia, and its opposition to the Shenzhen SKE “Crystal” trademark application has been completely rejected. EUIPO pointed out that the sales records submitted by Love Miracle are limited in scope, and the product packaging is presented in Ukrainian, which is not sufficient to prove that the product has been circulated in the local market.

Quick overview of key points

1. EUIPO ruled that Imiracle failed to prove the actual commercial use of “Elfbar Crystal” in Slovakia.
2. The sales records submitted by Imiracle were found to only reflect short-term and limited dealer supply, and their evidential power is insufficient.
3. The product packaging is presented in Ukrainian and is considered by EUIPO as a signal that it is not circulating in the Slovak market.
4. SKE’s “Crystal” trademark application covers tobacco products and electronic cigarettes, and all objections to Imiracle have been rejected.

The opposition department of the European Union Intellectual Property Office (EUIPO) pointed out that Imiracle filed an objection against SKE’s “Crystal” trademark (covering tobacco products and vapes) submitted in 2023, initially claiming that its unregistered mark “Elfbar Crystal” used in Europe had prior rights, but the company narrowed its claim to Slovakia in July 2024.
Imiracle has submitted “so-called sales records” to EUIPO, including claiming that its “Elfbar Crystal 2500” sold 12385 units in Slovakia in 2021 and issued four invoices to local distributors. However, EUIPO determined that these materials could only prove short-term supply to two Slovak distributors, and the evidence was insufficient to demonstrate sustained or widespread commercial use.

EUIPO also noted that the packaging information of the relevant products is presented in Ukrainian (Cyrillic letters), and based on this, questioned whether it was truly launched in the Slovak market.
EUIPO stated in its decision that the packaging language indicated that these products were not distributed in the relevant territory.
EUIPO ultimately determined that Imiracle failed to prove that its trademark had commercial use or consumer awareness in Slovakia beyond “local significance”, and therefore rejected all objections.

Reference: Elfbar Maker Can’t Void Rival’s ‘Crystal’ TM In Slovakia  – Law360

SKE vape and Elfbar vape(Imiracle) brief introducion

Imiracle as a vape trading company in early years. But very fast growing and build themself’s production line as factory. Relying on the rapid rise of the UK market to become a leading vape brand in the industry

SKE as a vape factory in early years. After theirs UK sales director vigorously expanding the UK market. Quickly became a leading vape brand in the UK. Today, They are one of gaint vape manufacturers in one.