The trademark Nexell was filed by OTRAJET Inc., a corporation established under the laws of Taiwan, Republic of China (the "Applicant"). The application was published for oppositions on October 10, 2018, and received one opposition filed on December 4, 2018 by NEXEN TIRE CORPORATION on Likelihood of confusion. the opponent was represented by SOCIETÀ ITALIANA BREVETTI S.P.A. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 4, 2018
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Change of name and professional address of the trademark registration was recorded on October 10, 2018.
The Appeal with reference B R2498/2020-5 was Application rejected according to Article 8(1)(b) EUTMR with decision issued on September 28, 2021 by the EUIPO. The Opposition with reference B 003070398 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on October 29, 2020 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Protective Helmets
Riding Helmets
Protective Helmets for sports
Protective suits [against accident or injury]
Diving suits
Gloves for divers
Gloves for protection against accidents
Life jackets
Life buoys
Wrist rests for use with computers
Shoes for protection against accidents, irradiation and fire.
The mark was filed in class 12 with following description of goods:
Inner tubes for bicycles, cycles
Bicycles
Saddle covers for cycles
Covers for handgrips of cycles
Wheelchairs
Tyres for wheelchairs
Saddle covers for bicycles or motorcycles
Bicycle rims
Casters (wheels) for trolleys
Cycle handle bars
Panniers adapted for cycles
Saddles for bicycles, cycles or motorcycles
Safety seats for children, for vehicles.
The mark was filed in class 27 with following description of goods:
Carpet underlay
Gymnastic mats
Gymnasium mats
Yoga mats
Vinyl floor coverings
Mats.
The mark was filed in class 28 with following description of goods: