The trademark FLEXAIR was filed by RACER, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 5, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on December 1, 2021 by Kubus Sports B.V. on Likelihood of confusion. the opponent was represented by den Herder, Antonius and its proceedings were handled in English The second opposition filed on November 9, 2021 by Grupo Flexi de Leon S.A.P.I. de C.V. on Likelihood of confusion. the opponent was represented by ROEB Y CIA, S.L. and its proceedings were handled in English
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003158105 was rejected according to Article 8(1)(b) EUTMR with decision issued on August 17, 2023 by the EUIPO. The Opposition with reference B 003159524 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 29, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Fall arrest apparatus
Maritime rescue apparatus
Fire protection apparatus
Sprinkler apparatus [automatic] for fire extinguishing
Safety apparatus [for the prevention of accident or injury]
Nautical rescue apparatus and instruments
Safety tarpaulins
Hand-held protective shields for use by the police
Protective industrial boots
Safety boots for use in industry [for protection against accident or injury]
Boots for protection against fire
Boots for protection against accidents
Boots for protection against accidents, irradiation and fire
Boots for protection against irradiation
Boots [protective footwear]
Fire boats
Reflecting strips for wear
Biological safety cabinets
Respiratory apparatus, other than for medical use
Railway traffic safety appliances
Breathing apparatus, except for artificial respiration
Mechanical life saving apparatus
Anti-gravity suits
Protective industrial shoes
Protective suits [against accident or injury]
Protective footwear for the prevention of accident or injury
Safety footwear for protection against accident or injury
Footwear for protection against irradiation
Footwear for protection against fire
Footwear for protection against chemical spills
Footwear for protection against biological hazards
Shoes for protection against accidents, irradiation and fire
Footwear for protection against accidents, irradiation and fire
Protective shoes [against accident or injury]
Footwear for protection against accidents
Shoes (Protective -)
Shoes for protection against accidents and fire
Socks for protection against accidents, irradiation and fire
Life belts
Support belts for workers
Life-saving capsules for natural disasters
Armbands [luminous] for protection against accident or injury
Ring buoys for use in water rescue
Life buoys
Panic buttons
Fire escape ladders [safety equipment]
Fire escapes
Motion sensors for security lights
Reflecting discs for wear, for the prevention of traffic accidents
Reflecting discs for wear
Life preservers
Inflatable apparatus for life-saving purposes
Protection devices for personal use against accidents
Life saving apparatus and equipment
Selenium voltage surge protectors
Protection devices against X-rays, not for medical purposes
Electronic personal alarm devices
Water sprinkling devices for fire control
Survival blankets
Fire blankets
Elbow protectors (protective -) for use against accidents [other than sports articles]
Lanyards for safety purposes for fall protection
Ventilation suits
Thermal suits for aviators
Protective suits for aviators
Waterproof survival suits for the prevention of drowning
Survival suits
Thermal suits for protection against accident or injury
Water ski safety vests
Stab vests
Lifesaving vests for use by dogs
Life jackets for pets
Life jackets
Chest protectors for the prevention of accident or injury [other than specifically adapted for sport]
Knee-pads for workers
Gloves for protection against accidents
Disposable gloves for laboratory use
Asbestos gloves for protection against accidents
Safety gloves for protection against accident or injury
Gloves for protection against X-rays for industrial purposes
Gloves for industrial purposes for protection against injury
Gloves for protection against accidents, irradiation and fire
Power line protectors
Ultraviolet filters, other than for medical use
Respiratory mask filters [non-medical]
Filters for respiratory masks
Safety nets
Nets for protection against accidents
Automatic fire extinguishing apparatus
Nose clips for divers and swimmers
Nose clips for swimming
Hot sticks [electrical protection devices]
Balaclavas for protection against accidents, irradiation and fire
Screens for fireplaces [furniture]
Asbestos screens for firemen
Lightning conductors
Lightning arrester equipment
Trousers for protection against accidents, irradiation and fire
Anti-fogging safety goggles
Safety restraints, other than for vehicle seats and sports equipment
Dustproof glasses
Life saving harnesses
Body harnesses for support when lifting loads
Clothing for protection against fire
Escape chutes
Bullet-proof waistcoats
Reflective safety vests
Leather clothing for protection against accident or injury
Clothing for protection against biological hazards
Clothing for protection against chemicals
Clothing for protection against irradiation and fire
Articles of protective clothing for wear by motorcyclists for protection against accident or injury
Clothing for protection against radiation
Jackets for protection against accidents, irradiation and fire
Lenses for protective face shields
Valves for inflating lifejackets
Escape slides
Fireproof automobile racing suits for safety purposes
Fire buckets
Oxygen regulators
Respirators for filtering air
Evacuation chutes [life saving apparatus]
Rafts (Life -) for emergency use
Life-saving rafts
Shin guards for protection against injury [other than sports articles or parts of sports suits]
Mouth guards for sports
Mouth guards for boxing
Teeth protectors
Face guards for protection against accident or injury
Abdomen protectors for protection against injury [other than parts of sports suits or adapted for use in specific sporting activities]
Reflective clothing for the prevention of accidents
Electrically cooled clothing for protection against accident or injury
Bullet-proof clothing
Insulated clothing for protection against accident or injury
Asbestos clothing for protection against fire
Protective work clothing [for protection against accident or injury]
High-visibility safety clothing
Safety clothing for protection against accident or injury
Flotation clothing
Protective clothing for the prevention of injury
Protective clothing made from ballistic resistant materials
Protective clothing [body armour]
Protective visors
Visors for the protection of welders.
The mark was filed in class 18 with following description of goods:
Umbrellas and parasols
Saddlery, whips and apparel for animals
Walking sticks
Luggage, bags, wallets and other carriers.
The mark was filed in class 25 with following description of goods:
Footwear
Parts of footwear and headgear
Headgear.
The mark was filed in class 28 with following description of goods: