018240095

MASK - á - porter

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May 13, 2020

Trademark Summary

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.

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Goods And Services

• The mark was filed in class 9 with following description of goods:
  
  1. Breathing apparatus, except for artificial respiration
  2. Headgear being protective helmets
  3. Head protection
  4. Respiratory mask filters [non-medical]
  5. Disposable gloves for laboratory use
  6. Gas masks
  7. Protective masks
  8. Dust masks
  9. Breathing masks
  10. Respiratory masks, other than for artificial respiration
  11. Flame-retardant balaclavas
  12. Balaclavas for protection against accidents, irradiation and fire
  13. Respirators for filtering air
  14. Protective visors
  15. Anti-pollution masks for respiratory protection
  16. Protective helmets for sports
  17. Protective helmets for motor cyclists
  18. Safety helmets
  19. Goggles
  20. Visors for helmets
  21. Mobile telephones
  22. Cell phone covers
  23. Face plates for cellular telephones
  24. Spectacles
  25. Sunglasses
  26. Alarms and warning equipment
  27. Access control devices
  28. Signalling apparatus
  29. Protective and safety equipment
  30. Eye protection.
• The mark was filed in class 10 with following description of goods:
  
  1. Surgical masks
  2. Mouth guards for medical purposes
  3. Face shields for surgical use
  4. Sanitary masks for medical purposes
  5. Face shields for medical use
  6. Eye shields for surgical use
  7. Face masks for surgical use for anti bacterial protection
  8. Face masks for medical use
  9. Protective masks for use by persons working in medicine
  10. Sanitary masks for dust isolation for medical purposes
  11. Sanitary masks for dust prevention for medical purposes
  12. Face masks for surgical use for toxic substance protection
  13. Face masks for medical use for toxic substance protection
  14. Surgical shoe covers
  15. Examination fingercots
  16. Protective clothing for medical purposes
  17. Protective clothing for surgical purposes
  18. Gloves for medical purposes
  19. Protective face masks for dental use
  20. Masks for use by medical personnel
  21. Protective mouth masks for veterinary use
  22. Protective mouth masks for dental use
  23. Protective mouth masks for medical use
  24. Protective nose masks for veterinary use
  25. Protective nose masks for dental use
  26. Protective nose masks for medical use
  27. Clothing, headgear and footwear, braces and supports, for medical purposes.
• The mark was filed in class 11 with following description of goods:
  
  1. Ultraviolet sterilizers
  2. Sterilizers
  3. Disinfectant apparatus
  4. Sterilization, disinfection and decontamination equipment
  5. Air treatment equipment
  6. Air cleaning apparatus
  7. Air sterilising apparatus
  8. Lighting apparatus and installations.
• The mark was filed in class 25 with following description of goods:
  
  1. Costumes
  2. Bandanas [neckerchiefs]
  3. Berets
  4. Hats
  5. Hoods [clothing]
  6. Headbands [clothing]
  7. Sleep masks
  8. Ski balaclavas
  9. Visors
  10. Headgear
  11. Clothing
  12. Footwear
  13. Parts of clothing, footwear and headgear.