Did Philip Morris International Register Heated Tobacco as a Trademark?
Industry insiders say Philip Morris International may have registered the term heated tobacco as a trademark, sparking debate because it is widely seen as a category name rather than a product name.
Recently, industry insiders reported that Philip Morris International, the company behind IQOS, has registered terminology related to the heated tobacco industry as trademarks.
Hearing this news is not just surprising—it is truly shocking. Heated tobacco is an industry term, not a product name, so how could it be registered as a trademark?
HEAT DOESN'T BURN translates into Chinese as “heating without burning.” HNB is the English abbreviation for heated tobacco. It is understood that these industry terms have not only been preemptively registered as trademarks, but have even been registered as international trademarks.
In addition, the keyword HEATSTICKS has also reportedly been successfully registered as a trademark in China. HEAT NOT BURN TECHNOLOGY is currently still under trademark application.
On August 7, a vaping industry public account reported that Philip Morris International had sued British American Tobacco over its product IQOS. Philip Morris International claimed that certain features of British American Tobacco's GLO product infringed on technologies covered by two of its Japanese patents.
For this reason, Philip Morris International sought damages of 100 million yen (US$896,160) and a permanent injunction. At the time, it seemed like an isolated case.
It now appears that this is not an isolated incident. Recently, a number of Chinese companies involved in the heated tobacco business said they had also received complaints from the international tobacco giant Philip Morris International.
The agency representing Philip Morris International has sent warning letters to major companies, claiming suspected infringement of Philip Morris International's intellectual property rights (copyright and trademark rights) as well as acts of unfair competition.
At present, most companies producing heated tobacco products are mainly export-oriented. If these industry terms have been registered as trademarks, how will companies be able to promote and market their products on major international e-commerce platforms and social media platforms in the future?
In response to this serious issue, some industry participants have called for discussion:
1. Is it reasonable for Philip Morris International to register heated tobacco industry terms as trademarks?
2. Devices used for heating cannabis existed before 2012, and related technologies predate Philip Morris International's heating patent applications. What do people think about Philip Morris International's patents?
3. How should this issue be resolved?
It is hoped that companies engaged in heated tobacco products can pool their ideas and find a solution. Otherwise, future promotion and marketing on major international e-commerce platforms and social media platforms may suffer a severe impact.
