The European Union Intellectual Property Office (EUIPO) ruled that Imiracle failed to prove that its “Elfbar Crystal” brand was actually commercially used in Slovakia. As a result, the opposition it filed against SKE’s “Crystal” trademark in Shenzhen was completely rejected. The EUIPO stated that the sales records submitted by Imiracle were limited in scope, and the product packaging was presented in Ukrainian, which was insufficient to prove that the product had been sold in the local market.
Key Highlights
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EUIPO ruled that Elfbar Crystal failed to prove actual commercial use in Slovakia
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Submitted sales records reflected only short-term, limited supply
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Packaging in Ukrainian suggested products were not circulating in Slovakia
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SKE’s “Crystal” trademark (tobacco products and vapes) was approved, with all objections rejected
Background of the Trademark Dispute
December 10, 2025 – According to Law360, Imiracle (HK) Limited and Imiracle (Shenzhen) Technology Co. Ltd., manufacturers of Elfbar disposable vapes, were defeated in the trademark dispute over the “Crystal” mark in Slovakia. They failed to block Shenzhen SKE Technology Co. from registering the trademark, as EUIPO determined Imiracle could not prove actual commercial use of “Elfbar Crystal” in Slovakia.
Imiracle’s Opposition and Claim of Prior Use
The EUIPO Opposition Department stated that Imiracle opposed SKE’s “Crystal” trademark application filed in 2023. This covered tobacco products and vapes. Imiracle initially claimed priority rights based on unregistered use of “Elfbar Crystal” within Europe, but later narrowed the claim to Slovakia in July 2024.
Submitted Sales Evidence Deemed Insufficient
Imiracle submitted what it called sales data—including claims that 12,385 units of “Elfbar Crystal 2500” were sold in Slovakia in 2021 and four invoices were issued to local distributors.
However, EUIPO concluded that:
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The data only showed short-term supply to two distributors
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There was no indication of continuous or widespread commercial activity
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Evidence did not demonstrate consumer-level market presence
Packaging Language Raised Doubts About Market Presence
EUIPO also noted that the product packaging was in Ukrainian (Cyrillic script). This contributed to the office’s conclusion that the products were likely not sold in the Slovak market, given that the packaging did not match the local language environment.
EUIPO stated that the packaging language indicated the products “were not being distributed in the relevant territory.”
Final Ruling: No Proof of Use Beyond Local Significance
Ultimately, EUIPO ruled that Imiracle failed to demonstrate that “Elfbar Crystal” had commercial use or consumer recognition in Slovakia beyond “local significance.”
As a result, all objections were rejected, and SKE’s “Crystal” trademark application proceeded without obstacles.
