The trademark XTM AIR was filed by Freeway GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on March 4, 2021, and received one opposition filed on May 31, 2021 by KTM AG on Likelihood of confusion. and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 31, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on March 6, 2022.
Goods And Services
The mark was filed in class 17 with following description of goods:
Insulating materials of plastics
Elastic materials of plastic, not for textile use
Shock- and impact-absorbing buffers of synthetic materials and/or injected plastics
The aforesaid goods being in particular for the manufacture of protective padding and protective equipment.
The mark was filed in class 25 with Shock-absorbing clothing inserts and protective clothing for extreme athletes and clothing..
The mark was filed in class 28 with following description of goods:
Protective paddings
Protective equipment for protecting from injury [sports articles]
Shock-absorbing protective elements [sports articles]
Wrist protector
Spine protectors
Receptacles and holders specially adapted for protective padding and protective equipment [sports articles].