The trademark FLEX was filed by Beeswift Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on October 19, 2022, and received one opposition filed on January 18, 2023 by Flex-Elektrowerkzeuge GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by DTS Patent- & Rechtsanwälte PartmbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 18, 2023
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on June 14, 2023.
Goods And Services
The mark was filed in class 9 with following description of goods:
Protective clothing
Clothing and footwear for protection against accidents, injury, irradiation and fire
Protective high visibility and waterproof clothing
Personal protective equipment
Protective helmets
Protective masks
Respiratory masks other than for artificial respiration
Protective goggles
Disposable gloves and hats not included in other classes
Earplugs, safety ear muffs for the protection of ears
Workmen's protective face-shields
Knee-pads for workers
Protective gloves for hand protection
Respiratory mask filters [non-medical]
Anti-glare glasses
Anti-glare visors
Sunglasses
Spectacles.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Belts
High visibility and waterproof clothing
Breathable waterproof and weatherproof garments
Rainwear
Articles of outer clothing
Uniforms
Body warmers
Tshirts
Leggings
Scarves
Gloves
Gloves made of leather and/or imitations of leather
Nonslipping devices for boots and shoes
Socks
Ties
Ties [clip on]
Caps and hats
Aprons
Headbands.
The mark was filed in class 35 with following description of goods:
Retail, online and wholesale services connected with the sale of gloves, protective gloves, gloves for protection against accidents, injury, irradiation and fire
Retail, online and wholesale services connected with the sale of protective clothing, clothing for protection against accidents, injury, irradiation and fire
Retail, online and wholesale services connected with the sale of clothing, footwear and headgear, personal protective equipment, clothing and footwear for protection against accidents, injury, irradiation and fire, protective high visibility and waterproof clothing
Retail, online and wholesale services connected with the sale of protection of hearing, sight, head and feet, personal protective equipment, protective helmets, protective masks, respiratory masks other than for artificial respiration, protective goggles, disposable gloves and hats, earplugs, safety ear-muffs, workmen's protective face-shields, (protective wear), knee-pads for workers, protective gloves for hand protection made of leather and/or imitations of leather
Retail, online and wholesale services connected with the sale of anti-glare glasses, anti-glare visors, sunglasses
Retail, online and wholesale services connected with the sale of belts, high visibility and waterproof clothing, breathable waterproof and weatherproof garments, rainwear, articles of outer clothing, uniforms, body warmers, t-shirts
The aforementioned retail, online and wholesale services also being provided via an internet website.