The trademark MASK - á - porter was filed by White Balance Space S.r.l., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 18, 2021, and received one opposition filed on August 15, 2021 by The Net-a-Porter Group Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by HGF BV and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 15, 2021
The application was filed in Italian, and Italian was also language of all opposition proceedings (English was selected as the second language).
The Refusal with reference B 018240095 was partially rejected according to Article 7(1)(b) EUTMR with decision issued on December 8, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Breathing apparatus, except for artificial respiration
Headgear being protective helmets
Head protection
Respiratory mask filters [non-medical]
Disposable gloves for laboratory use
Gas masks
Protective masks
Dust masks
Breathing masks
Respiratory masks, other than for artificial respiration
Flame-retardant balaclavas
Balaclavas for protection against accidents, irradiation and fire
Respirators for filtering air
Protective visors
Anti-pollution masks for respiratory protection
Protective helmets for sports
Protective helmets for motor cyclists
Safety helmets
Goggles
Visors for helmets
Mobile telephones
Cell phone covers
Face plates for cellular telephones
Spectacles
Sunglasses
Alarms and warning equipment
Access control devices
Signalling apparatus
Protective and safety equipment
Eye protection.
The mark was filed in class 10 with following description of goods:
Surgical masks
Mouth guards for medical purposes
Face shields for surgical use
Sanitary masks for medical purposes
Face shields for medical use
Eye shields for surgical use
Face masks for surgical use for anti bacterial protection
Face masks for medical use
Protective masks for use by persons working in medicine
Sanitary masks for dust isolation for medical purposes
Sanitary masks for dust prevention for medical purposes
Face masks for surgical use for toxic substance protection
Face masks for medical use for toxic substance protection
Surgical shoe covers
Examination fingercots
Protective clothing for medical purposes
Protective clothing for surgical purposes
Gloves for medical purposes
Protective face masks for dental use
Masks for use by medical personnel
Protective mouth masks for veterinary use
Protective mouth masks for dental use
Protective mouth masks for medical use
Protective nose masks for veterinary use
Protective nose masks for dental use
Protective nose masks for medical use
Clothing, headgear and footwear, braces and supports, for medical purposes.
The mark was filed in class 11 with following description of goods:
Ultraviolet sterilizers
Sterilizers
Disinfectant apparatus
Sterilization, disinfection and decontamination equipment
Air treatment equipment
Air cleaning apparatus
Air sterilising apparatus
Lighting apparatus and installations.
The mark was filed in class 25 with following description of goods: