The trademark FAIRAIR was filed by DF Druckluft-Fachhandel GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on June 21, 2021, and received one opposition filed on August 11, 2021 by Flex-Air GmbH 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 August 11, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003152515 was Reject opposition: opposition not admissible according to Article 8(1)(b) EUTMR with decision issued on November 17, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 4 with Lubricants for workshop equipment and tools, in particular pneumatic power workshop equipment and pneumatic power tools.
The mark was filed in class 7 with following description of goods:
Compressed air machines
Compressed-air tools
Compressed-air filters
Oil/water separators for compressed air
Valves for compressed air
Pneumatic power apparatus, in particular Sand-blasting apparatus, Compressed-air pistols, Spray guns for paint, Liquid spray guns, Grease presses
Spare parts and accessories for the afore-mentioned goods.
The mark was filed in class 11 with following description of goods:
Compressed air treatment installations
Compressed-air dryers
Spare parts and accessories for all the aforesaid goods.
The mark was filed in class 17 with Pneumatic hoses, Not of metal and Flexible compressed air pipes, Not of metal, Spare parts and fittings for the aforesaid goods..
The mark was filed in class 35 with Retailing for workshop and tool equipment, in particular for workshops, in relation the following goods, Pneumatic compressors, Air-powered tools, Compressed air treatment installations, Compressed air reservoirs, Compressed air dryers, Compressed-air filters, Compressed air hoses, Oil/water separators for compressed air, valves for compressed air, Compressed air ducts, Compressed air measuring apparatus, Leak detection apparatus for compressed air pipes, pneumatic power apparatus, In particular Sand-blasting apparatus, Compressed-air pistols, Paint sprayers, spray guns, Grease presses, And spare parts and fittings for the aforesaid goods.
The mark was filed in class 37 with following description of goods:
Building construction, Installation services, Assembly, In relation to the following goods, Investment, Equipment, In particular, Pneumatic power installations and apparatus
Rental, In relation to the following goods, Machinery, Equipment, Tools, In particular, Through air powered machines, apparatus and tools, Namely, Compressed air machines, Pneumatic air tools, Compressed air treatment installations, compressed air reservoirs, compressed air dryers, compressed air filters, Pneumatic hoses, Oil/water separators for compressed air, valves for compressed air, compressed air pipes, pneumatic power apparatus, In particular Sand-blasting apparatus, compressed air pistols, Spray guns for paint, Spray guns, Grease guns, spare parts and fittings for the aforesaid goods
Maintenance, fix, In relation to the following goods, Investment, Machinery, Equipment, In particular, Pneumatic power installations, machines and apparatus.
The mark was filed in class 42 with letting, in relation to the following goods, Compressed air measuring apparatus, leak detection apparatus for compressed air pipes.