The trademark ARC HELMET was filed by STF INDUSTRIES SDN BHD, a corporation established under the laws of Malaysia (the "Applicant"). The application was published for oppositions on September 15, 2020, and received one opposition filed on December 10, 2020 by Arai Helmet Ltd on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by BAILEY WALSH & CO LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 10, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 8, 2021.
The Opposition with reference B 003136472 was rejected according to Article 8(1)(b) CTMR with decision issued on November 22, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Safety helmets, excluding helmets for use in hazardous environments
Safety headgear, excluding safety headgear for use in hazardous environments
Safety life jackets
Protective glasses
Safety glasses for protecting the eyes
Safety alarms [other than for vehicles]
Protection helmets for sports
Helmets (Protective -), excluding protective helmets for use in hazardous environments
Electrical surge and spike protection units.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Retail services in relation to safety helmets, excluding helmets for use in hazardous environments
Wholesale services in relation to safety helmets, excluding helmets for use in hazardous environments
Online retail services in relation to safety helmets, excluding helmets for use in hazardous environments
Retail services in relation to safety headgear, excluding safety headgear for use in hazardous environments
Wholesale services in relation to safety headgear, excluding safety headgear for use in hazardous environments
Online retail services in relation to safety headgear, excluding safety headgear for use in hazardous environments
Retail services in relation to safety life jackets
Wholesale services in relation to safety life jackets
Online retail services in relation to safety life jackets
Retail services in relation to protective glasses
Wholesale services in relation to protective glasses
Online retail services in relation to protective glasses
Retail services in relation to safety glasses for protecting the eyes
Wholesale services in relation to safety glasses for protecting the eyes
Online retail services in relation to safety glasses for protecting the eyes
Retail services in relation to safety alarms [other than for vehicles]
Wholesale services in relation to safety alarms [other than for vehicles]
Online retail services in relation to safety alarms [other than for vehicles]
Retail services in relation to protection helmets for sports
Wholesale services in relation to protection helmets for sports
Online retail services in relation to protection helmets for sports
Retail services in relation to helmets (Protective -), excluding protective helmets for use in hazardous environments
Wholesale services in relation to helmets (Protective -), excluding protective helmets for use in hazardous environments
Online retail services in relation to helmets (Protective -), excluding protective helmets for use in hazardous environments
Retail services in relation to electrical surge and spike protection units
Wholesale services in relation to electrical surge and spike protection units
Online retail services in relation to electrical surge and spike protection units.