The trademark application ZX9001 was filed by Birger Bertermann, a national of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on May 10, 2020, and it was registered by office on August 18, 2020 without any oppositions.
The application was filed in German (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2020.The first Cancellation was filed by ITSS-DAMM Inh. Andy Damm e.K. (represented by undefined) on March 11, 2024 and Final decision – Request rejected on formalities.
Application for revocation or for a declaration of invalidity of the trademark registration was recorded on January 19, 2021. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on March 12, 2024.
The Appeal with reference B R1429/2022-5 was Cancellation rejected according to Article 59(1)(b) EUTMR with decision issued on October 15, 2023 by the EUIPO. The Cancellation with reference B 000047874 was Cancellation rejected according to Article 59(1)(b) EUTMR with decision issued on June 8, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Protective masks, protective visors
Face masks for protection against biological hazards, in particular against viruses
Face protection shields for protection against biological hazards, in particular against viruses
Anti-pollution masks for respiratory protection
Respiratory mask filters [non-medical]
Clothing for protection against biological hazards, in particular against viruses
Protective suits for protection against biological hazards, in particular against viruses
Gloves for protection against biological hazards, in particular against viruses
Headgear for protection against biological hazards, in particular against viruses
Footwear for protection against biological hazards, in particular against viruses
Goggles.
The mark was filed in class 10 with following description of goods:
Protective masks for use by persons working in medicine and doctors, face masks for medical use for protection against bacteria and viruses, sanitary masks for protection against bacteria and viruses for medical purposes, Protective visors for medical use
Clothing, headgear and footwear for medical personnel and patients.
Protective clothing for medical purposes, Gloves for medical purposes, Protective gloves for use by persons working in medicine and doctors, protective bonnets for the hair for wear by medical practitioners and medical personnel.