By Timothy S. Donahue
Top Takeaways:
- Trademark loss: Imperial failed to block the EPS mark.
- JPS challenge: Imperial argued EPS could be confused with JPS.
- Vape applicant: Hong Kong-based NAX International filed the mark
Imperial Tobacco couldn’t turn JPS into EPS.
The European Union Intellectual Property Office (EUIPO) rejected Imperial Tobacco’s attempt to block Hong Kong-based NAX International from registering the “EPS” trademark, finding that consumers were unlikely to confuse it with Imperial’s JPS cigarette brand.
NAX filed the EPS figurative mark with the EUIPO in August 2025 for products in Class 34, including cigarettes, electronic cigarettes, e-liquids, electronic cigars, electronic shishas, tobacco, and other smoking-related products.
Imperial opposed the application, arguing that there was a likelihood of confusion with its JPS trademark. JPS, short for John Player Special, is a longstanding Imperial cigarette brand that became especially recognizable for its historic association with Formula One motor racing.
European trademark officials rejected Imperial’s challenge, finding that the differences between EPS and JPS were sufficient to make it unlikely that consumers would confuse the two brands.
The ruling allows NAX’s EPS application to proceed despite Imperial’s opposition.
The case adds to a series of trademark disputes involving major tobacco companies as established cigarette manufacturers and newer nicotine companies seek protection for brands spanning increasingly overlapping tobacco and next-generation product categories.
