The trademark was filed by Pascher + Heinz GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 4, 2020, and received one opposition filed on September 3, 2020 by Marc Jacobs Trademarks, L.L.C. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 3, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Antibacterial handwash
Bacteria fighting cleanser
Anti-bacterial soap
Antibacterial sprays
Antibacterial wipes
Breath refreshers for medical purposes
Respiratory stimulants
Disinfectants
Deodorizing preparations for household, commercial or industrial use
Inhalants
Germicides
Air deodorising preparations
Air purifying preparations.
The mark was filed in class 9 with following description of goods:
Biohazard suits
Protective work clothing [for protection against accident or injury]
Breathing apparatus, except for artificial respiration
Respiratory apparatus, other than for medical use
Breathing masks
Respirators for filtering air
Eye protection
Clothing for protection against biological hazards
Filters for respiratory masks
Face guards for protection against accident or injury
Face-protection shields
Face shields, other than for medical purposes
Teeth protectors
Survival blankets
Oxygen regulators
Shields for protecting the body against injury
Footwear for protection against biological hazards
Head protection
Protective masks
Protective visors
Safety clothing for protection against accident or injury
Safety gloves for protection against accident or injury
Head protection
Protective footwear for the prevention of accident or injury
Dust masks
Dustproof glasses
Anti-pollution masks for respiratory protection
Respiratory mask filters [non-medical].
The mark was filed in class 10 with following description of goods:
Protective breathing masks for surgical applications
Protective breathing masks for medical applications
Protective breathing masks for artificial respiration
Respirators for medical purposes
Respiratory helmets for artificial respiration
Respiratory masks for artificial respiration
Respiratory masks for medical purposes
Respiratory therapy instruments
Respiratory monitoring apparatus [medical]
Patient ventilation instruments
Clothing, headgear and footwear, braces and supports, for medical purposes
Clothing, headgear and footwear for medical personnel and patients.
Humidifiers for use with respiratory therapy apparatus
Surgical apparatus and instruments for medical use
Surgical breathing masks
Transparent face shields for use by medical personnel
Disposable protective gloves for medical purposes
Powered respirators for artificial respiration
Power operated sprayers for medical purposes
Electronic blood oxygen saturation recorders [for medical use]
Electronic apparatus for medical purposes
Gloves for medical purposes
Inhalers
Inhalers for therapeutic use.
The mark was filed in class 25 with following description of goods: