018397261

XTM AIR

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February 10, 2021

Trademark Summary

The trademark XTM AIR was filed by Freeway GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 4, 2021, and received one opposition filed on May 31, 2021 by KTM AG on Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 31, 2021

The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).

Appointment and Replacement of representative of the trademark registration was recorded on March 6, 2022. Change of name and professional address of the trademark registration was recorded on January 23, 2023.

The Opposition with reference B 003147899 was rejected according to Article 8(1)(b) EUTMR with decision issued on February 14, 2023 by the EUIPO.

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Goods And Services

• The mark was filed in class 17 with following description of goods:
  
  1. Insulating materials of plastics
  2. Elastic materials of plastic, not for textile use
  3. Shock- and impact-absorbing buffers of synthetic materials and/or injected plastics
  4. The aforesaid goods being in particular for the manufacture of protective padding and protective equipment.
• The mark was filed in class 25 with Shock-absorbing clothing inserts and protective clothing for extreme athletes and clothing..
• The mark was filed in class 28 with following description of goods:
  
  1. Protective paddings
  2. Protective equipment for protecting from injury [sports articles]
  3. Shock-absorbing protective elements [sports articles]
  4. Wrist protector
  5. Spine protectors
  6. Receptacles and holders specially adapted for protective padding and protective equipment [sports articles].