The trademark ERGODYNE was filed by Tenacious Holdings, Inc, a U.S. corporation (the "Applicant"). The application was published for oppositions on September 7, 2003, and received one opposition filed on August 11, 2003 by JK-Holding GmbH on Likelihood of confusion. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 11, 2003
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Two renewals of the trademark were recorded, one on June 26, 2012, and the other one on July 6, 2022.
Change of name and professional address of the trademark registration was recorded on April 13, 2009. Change of name and address of the trademark registration was recorded on September 27, 2009. Change of name and professional address of the trademark registration was recorded on September 21, 2017. Appointment and Replacement of representative of the trademark registration was recorded on April 24, 2019.
The application claimed as seniority of "BX" trademark 803879 registered on September 26, 1993 and filed on September 26, 1993 which was accepted by the office.
Goods And Services
The mark was filed in class 9 with following description of goods:
Computer mouse pads, computer mouse trays, computer mitts, disk holders, computer glare filters, keyboard storage trays, computer monitor risers, wrist rests, and kneepads, all for the protection from strain and injury
Wrist supports, anti-vibration gloves
Body protection pads, all for the prevention of injury
All included in Class 9.
The mark was filed in class 10 with following description of goods:
Surgical and medical apparatus and instruments, orthopaedic articles, all the foregoing products for back supports, anti-vibration gloves, tennis elbow supports, wrist supports, back cushion supports, lumbar roll supports, thigh supports, body protection pads, foot rests and wrist rests, all for the prevention of injury
Surgical and medical apparatus and instruments, orthopaedic articles
Apparatus and equipment for the restoration, maintenance and recuperation of human physical health, not included in other classes
Vests, body wraps, head bands, neck wraps, and wristbands comprised of hydrophilic materials for reducing heat stress and for therapeutic relief
And patient transfer device
Footrests, back supports, tennis elbow supports, back cushion supports, lumbar roll supports
None of the aforesaid goods being suntanning apparatus and instruments or hydrojet massage apparatus.
The mark was filed in class 16 with Printed matter, pamphlets, brochures, booklets, workbook materials, and posters featuring information and instruction on proper body mechanics.
The mark was filed in class 20 with Industrial seating products.
The mark was filed in class 41 with Educational services in the field of ergonomics, conducting classes, seminars and workshops for the development and implementation of ergonomic safety programs and the impact of such programs on a business's profitability and none of the aforesaid services relating to sun tanning and hydrojet massage or apparatus and instruments relating to sun tanning and hydrojet massage \ \..
The mark was filed in class 42 with Consulting services in the field of ergonomics, conducting worksite ergonomic evaluations for the development and implementation of ergonomic safety programs and the impact of such programs on a business's profitability and g interactive computer webpages containing information on ergonomic products, ergonomic services, and proper body mechanics \..