The trademark application BETTER BREATHING was filed by UVEX WINTER HOLDING GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on August 30, 2021, and it was registered by office on December 7, 2021 without any oppositions.
The application was filed in German (English was selected as the second language).
The Refusal with reference B 018230269 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on September 17, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Reading eyeglasses
Spectacle frames, Spectacle glasses of plastic
Spectacle cases
Optical filters
Optical measuring apparatus and instruments
Reading aids
Magnifying glasses [optics]
Fall prevention apparatus for workers, Namely safety nets, Protective awnings and tarpaulins, Safety signals in the form of luminous or mechanical signals, Mechanical safety signs, Safety harnesses, in particular integrated into protective work clothes
Fall prevention apparatus for workers, namely retaining strap In particular integrated into protective work clothes, Seat belts In particular integrated into protective work clothes, Safety vests, Positioning lanyards, Safety harness straps, Safety harness straps with integrated shock absorber, Strap fall attenuators, Safety devices to prevent falling, Life lines, Safety ropes, Fall arresters for safety equipment
Parts of the aforesaid goods.
The mark was filed in class 10 with Protective earplugs for reducing noise, hearing protectors, headgear hearing protectors for reducing noise, protective earpieces.