The trademark application Fresh Air. Fresh People. was filed by WindowMaster International A/S, a corporation established under the laws of the Kingdom of Denmark (the "Applicant"). The application was published for oppositions on April 12, 2023, and it was registered by office on July 20, 2023 without any oppositions.
The application was filed in Danish (English was selected as the second language).
The Refusal with reference B 018694471 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on January 10, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Building materials of metal
Buildings, transportable, of metal
Wire of common metal
Metal hardware
Tubes of metal
Doors and windows of metal
Roof windows of metal
Dormer vents (Metal -)
Window frames of metal
Doors, gates, windows and window coverings of metal
Window protection devices of metal
Fittings of metal for windows
Window furniture of metal
Metal rolling window shutters
Window rails of metal
Chains of metal
Safety chains of metal
Mouldings of metal for building
Jalousies of metal
Blinds of metal
Ducts of metal for ventilating and air-conditioning installations
Junctions of metal for pipes
Pipe muffs of metal
Ferrules of metal
Binding screws of metal for cables
Ventilation grilles of metal for fitting in windows
Air ducts of metal for buildings
Couplings of metal for chains
Door closers of metal, non-electric
Closures of metal
Window closers, non-electric.
The mark was filed in class 7 with following description of goods:
Window openers, pneumatic
Window openers, hydraulic
Window closers, hydraulic
Couplings of metal for hydraulic apparatus
Couplings for pneumatic apparatus
Actuators for mechanisms
Actuators for dampers
Actuators for valves
Hydraulic actuators
Actuators incorporating a gear mechanism for pipeline valves
Motors, other than for land vehicles
Opening and closing mechanisms
Hydraulic engines and motors
Hydraulic controls for machines
Hydraulic controls for machines, motors and engines
Door closers, electric.
The mark was filed in class 9 with following description of goods:
Photographic apparatus and instruments
Cinematographic machines and apparatus
Optical apparatus and instruments
Weighing apparatus and instruments
Nautical apparatus and instruments
Surveying apparatus and instruments
Measuring apparatus and instruments
Checking (supervision) apparatus and instruments
Signalling apparatus and instruments
Life-saving apparatus and instruments
Scientific apparatus and instruments
Teaching apparatus and instruments
Recording apparatus
Magnetic data media
Phonograph records
Calculators
Data processing equipment
Computer hardware modules for use in electronic devices using the Internet of Things [IoT]
Fire extinguishing apparatus
Electrical and electronic components
Remote control apparatus for opening and closing doors
Remote control receivers
Computer software for controlling self-service terminals
Remote control transmitters
Electric current sensors
Digital sensors
Fire sensors
Automatic solar tracking sensors
Electronic sensors
Electric motor checking [monitoring or supervision] apparatus
Wireless controllers to remotely monitor and control the function and status of other electrical, electronic, and mechanical devices or systems
Regulating apparatus, electric
Smoke detectors
Fire alarms
Acoustic alarms
Electronic burglar alarms
Electrical and electronic burglar alarms
Accumulators, electric
Push-on accumulators
Window opening and closing detecting sensors
Door opening and closing detecting sensors
Sensors used in meteorology
Sensors
Light sensors
Sensor controllers
Detectors
Electric actuators.
The mark was filed in class 11 with following description of goods:
Heating installations incorporated in windows
Downlights
Apparatus for ventilating
Cooking apparatus and installations
Water supply installations
Heating apparatus
Apparatus for drying
Sanitary apparatus and installations
Refrigerating apparatus
Steam generating apparatus
Lighting apparatus
Air-conditioning installations
Air filtering installations
Ventilation [air-conditioning] installations and apparatus.
The mark was filed in class 16 with following description of goods:
Teaching materials [except apparatus]
Plastic materials for packaging
Architectural plans
Architects' models
Blueprints
Printed brochures
Printed informational sheets
Printed manuals
Printing type
Printing blocks
Gums [adhesives] for stationery or household purposes
Paper stationery.
The mark was filed in class 19 with following description of goods:
Building materials of wood
Fiber reinforced plastic construction materials
Building materials consisting of glass
Building materials made of rock fibres
Building materials of plastics material
Gypsum [building material]
Fiberboard [building materials]
Rigid pipes, not of metal, for building
Buildings, transportable, not of metal
Doors, gates, windows and window coverings, not of metal
Non-metal skylights
Frames (Non-metallic -) for skylights
Window frames, not of metal
Mouldings, not of metal, for building
Flashing frames (Non-metallic -)
Outdoor blinds, not of metal and not of textile
Non-metallic air pipes for buildings
Venting ducts (Non-metallic -)
Channels of non-metallic materials for transmitting air for ventilation.
The mark was filed in class 37 with following description of goods:
Construction services
Roofing services
Glazier services
Insulation services
Installation of insulating materials
Installation of blinds
Installation of window coatings
Installation of window fittings
Maintenance of pneumatic hand tools
Maintenance of buildings
Pipeline maintenance
Maintenance and repair of pipelines
Maintenance of electronic or air conditioning systems
Window maintenance
Pipeline construction and maintenance
Maintenance and repair of fire detection systems
Repair of alarms
Repair of electrical equipment and electrotechnical installations
Repair of air conditioning apparatus
Window repair
Repair or maintenance of building equipment
Repair or maintenance of measuring machines and instruments
Pump repair or maintenance
Fire alarm installation and repair
Repair and insulation of window joints
Maintenance and repair of air conditioning apparatus
Installation, maintenance and repair of air-conditioning apparatus
Provision of construction information
HVAC (Heating, ventilation and air conditioning) installation, maintenance and repair.
The mark was filed in class 41 with following description of goods:
Education and instruction services
Entertainment, sporting and cultural activities
Provision of training courses
Conducting courses, seminars and workshops.
The mark was filed in class 42 with following description of goods:
Technical consultancy services relating to civil engineering