The trademark vitalair by SANITYHEALTH was filed by SANITY HEALTH, SLU., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on July 13, 2020, and received two oppositions.
Opposition Proceedings
There are two Oppositions claimed against trademark.
The first opposition filed on October 13, 2020 by VITALAIRE on Art. 8(4). the opponent was represented by REGIMBEAU and its proceedings were handled in English The second opposition filed on October 13, 2020 by L'AIR LIQUIDE, société anonyme pour l'étude et l'exploitation des procédés Georges Claude on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by REGIMBEAU and its proceedings were handled in English
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Deletion of the representative of the trademark registration was recorded on July 7, 2020.
The Opposition with reference B 003132717 was refused according to Article 8(1)(b) EUTMR with decision issued on October 14, 2021 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Respiratory masks, other than for artificial respiration
Protective and safety equipment
Breathing masks
Dust masks
Protective masks
Anti-pollution masks for respiratory protection.
The mark was filed in class 10 with following description of goods:
Protective breathing masks made of non-woven materials for surgical applications
Protective breathing masks for surgical applications
High filter surgical masks
Surgical breathing masks
Surgical masks.
The mark was filed in class 35 with following description of goods:
Retail services in relation to sanitary preparations and articles
Retail services in relation to protective and safety equipment
Online retail services in relation to breathing masks
Mail order retail services in relation to hygienic preparations and articles
Catalogue retail services in relation to anti-pollution masks for respiratory protection
Mail order retail services in relation to anti-pollution masks for respiratory protection
Wholesale services in relation to protective breathing masks made of non-woven materials for surgical applications
Television shopping based retail services in relation to breathing masks
Mail order retail services in relation to surgical breathing masks
Catalogue retail services in relation to sanitary preparations and articles
Retail services in relation to breathing masks
Catalogue retail services in relation to protective and safety equipment
Catalogue retail services in relation to dust masks
Online retail services in relation to anti-pollution masks for respiratory protection
Television shopping based retail services in relation to protective breathing masks for surgical applications
Television shopping based retail services in relation to surgical masks
Wholesale services in relation to surgical masks
Catalogue retail services in relation to protective masks
Retail services in relation to anti-pollution masks for respiratory protection
Catalogue retail services in relation to high filter surgical masks
Retail services in relation to hygienic preparations and articles
Online retail services in relation to protective breathing masks made of non-woven materials for surgical applications
Online retail services in relation to high filter surgical masks
Television shopping based retail services in relation to respiratory masks, other than for artificial respiration
Online retail services in relation to protective breathing masks for surgical applications
Retail services in relation to protective breathing masks for surgical applications
Mail order retail services in relation to dust masks
Online retail services in relation to protective and safety equipment
Television shopping based retail services in relation to anti-pollution masks for respiratory protection
Mail order retail services in relation to sanitary preparations and articles
Television shopping based retail services in relation to protective masks
Wholesale services in relation to surgical breathing masks
Online retail services in relation to protective masks
Retail services in relation to high filter surgical masks
Wholesale services in relation to protective breathing masks for surgical applications
Online retail services in relation to sanitary preparations and articles
Online retail services in relation to surgical breathing masks
Retail services in relation to surgical masks
Wholesale services in relation to protective masks
Mail order retail services in relation to protective masks
Television shopping based retail services in relation to dust masks
Wholesale services in relation to anti-pollution masks for respiratory protection
Wholesale services in relation to dust masks
Wholesale services in relation to hygienic preparations and articles
Television shopping based retail services in relation to protective breathing masks made of non-woven materials for surgical applications
Television shopping based retail services in relation to high filter surgical masks
Mail order retail services in relation to protective and safety equipment
Catalogue retail services in relation to hygienic preparations and articles
Catalogue retail services in relation to respiratory masks, other than for artificial respiration
Retail services in relation to surgical breathing masks
Catalogue retail services in relation to surgical masks
Retail services in relation to dust masks
Retail services in relation to protective breathing masks made of non-woven materials for surgical applications
Mail order retail services in relation to protective breathing masks for surgical applications
Mail order retail services in relation to protective breathing masks made of non-woven materials for surgical applications
Wholesale services in relation to respiratory masks, other than for artificial respiration
Retail services in relation to respiratory masks, other than for artificial respiration
Mail order retail services in relation to high filter surgical masks
Mail order retail services in relation to surgical masks
Catalogue retail services in relation to protective breathing masks made of non-woven materials for surgical applications
Television shopping based retail services in relation to hygienic preparations and articles
Online retail services in relation to dust masks
Retail services in relation to protective masks
Catalogue retail services in relation to breathing masks
Wholesale services in relation to protective and safety equipment
Catalogue retail services in relation to surgical breathing masks
Online retail services in relation to hygienic preparations and articles
Online retail services in relation to respiratory masks, other than for artificial respiration
Television shopping based retail services in relation to protective and safety equipment
Online retail services in relation to surgical masks
Television shopping based retail services in relation to surgical breathing masks
Catalogue retail services in relation to protective breathing masks for surgical applications
Wholesale services in relation to breathing masks
Television shopping based retail services in relation to sanitary preparations and articles
Mail order retail services in relation to breathing masks
Mail order retail services in relation to respiratory masks, other than for artificial respiration
Wholesale services in relation to sanitary preparations and articles
Wholesale services in relation to high filter surgical masks.