The trademark 66 was filed by Gymshark Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on July 7, 2020, and received undefined oppositions.
Opposition Proceedings
There are undefined Oppositions claimed against trademark.
The first opposition filed on October 7, 2020 by Domaines Vinsmoselle on Likelihood of confusion. the opponent was represented by OFFICE FREYLINGER S.A. and its proceedings were handled in French The second opposition filed on October 6, 2020 by SJoklaedagerdin hf. on Likelihood of confusion. the opponent was represented by TEGO IP ATTORNEYS and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on January 4, 2021. Appointment and Replacement of representative of the trademark registration was recorded on June 2, 2021. Appointment and Replacement of representative of the trademark registration was recorded on November 27, 2022.
Goods And Services
The mark was filed in class 9 with following description of goods:
Scientific, surveying, photographic, cinematographic, weighing, measuring, signalling, checking, supervision, monitoring and teaching apparatus and instruments
Sensors and detectors
Apparatus for recording, transmission or reproduction of sound or images
Recording discs
Compact discs, DVDs and other digital recording media
Calculating machines, data processing equipment
Computer software
Computer software applications
Downloadable mobile applications
Health monitoring software
Downloadable videos
Video recordings
Downloadable video files
Media content
Downloadable videos and media in the field of sports, fitness, nutrition and health
Pre-recorded videos
Pre-recorded fitness DVDs
Electrical and electronic apparatus and instruments for recording and measuring health and fitness parameters
Computer software for providing information relating to fitness, calorie counting and step counting
Multifunctional electronic devices to view, measure and upload to the internet information, including time, date, body and heart-rate values, global positioning, direction, distance, altitude, cadence, speed, calories burned and steps taken
Pedometers
Calorie counting apparatus
Heart-rate and fitness monitoring apparatus
Mouth guards being gum shields
Mouth guards for boxing
Boxing helmets
Headphones
Earphones
Sunglasses and spectacles
Frames and cases for sunglasses and spectacles
Eyeshades
Swimming goggles and swimming masks
Straps, cases, covers and waterproof cases for mobile phones, tablet computers, computers, electronic devices and portable media players
Protective and safety equipment
Protective clothing, footwear and headgear
Protective clothing, footwear and headgear for use in sports and combative sports
Head covers for use in sports
Wearable activity trackers
Skin moisture analyzers, not for medical purposes
Testing devices
Audio-visual teaching apparatus
Electronic sports training simulators
Parts, fittings and accessories for all the aforesaid goods.
The mark was filed in class 25 with following description of goods:
Bodybuilding and weightlifting clothing straps and wristbands
Sweatbands
Headbands
Hats, caps, sun visors being head wear
Beach hats
Bobble hats and beanie hats
Swimming caps
T-shirts, long sleeve t-shirts
Crop t-shirts
Running vests
Vests and tank tops
Polo shirts
Sports shirts
Crop tops
Bodysuits
Hooded jackets
Tops, sweaters and jumpers
Cardigans
Knitwear
Gilets
Jackets
Padded jackets
Sports jackets
Coats
Jumpers
Sweatshirts
Cycling tops
Pullovers
Boxing robes
Shorts
Sweat shorts
Gym shorts
Running shorts
Cycling shorts
Boxing shorts
Tennis shorts
Dresses and skirts
Clothing for martial arts
Jumpsuits
Dungarees
Dresses and skirts for tennis
Trousers
Tracksuits and tracksuit bottoms
Jogging bottoms
Leggings
Cropped leggings
Ski pants
Yoga pants
Yoga shirts
Tights
Knitted tights
Harem pants
Underwear
Thongs
Briefs
Boxer shorts
Trunks being underwear
Sports bras
Bras
Bralettes
Socks
Trainer socks and ankle socks
Dressing gowns and robes
Gloves
Cycling gloves
Base layer clothing
Compression wear clothing
Swimwear
Beachwear
Beach cover ups and wraps
Sarongs
Bikini tops, bikini bottoms, tankinis
Swimsuits, swimming trunks
Swimming shorts
Rash vests, wetsuits
Shoes
Sports footwear
Trainers
Beach footwear
Boots, sandals, flip flops, sliders
Slippers
Boxing shoes and boots
Track shoes, running shoes and spiked running shoes
Cycling shoes
Golf shoes
Gym shoes
Dance shoes and dance slippers
Tennis shoes
Moisture wicking sports pants, shirts and bras
Articles of outer clothing
Articles of underclothing
Scarves
Pyjamas
Babies clothing, footwear, headgear
Infant clothing, footwear, headgear
Baby boots
Bibs
Romper suits
Baby sleepsuits
Belts
Sports singlets
Athletic tights
Bandanas
Ballet shoes
Baselayer tops
Cashmere clothing
Cargo pants
Casualwear
Clothing for wear in wrestling games
Cover-ups
Costumes
Ear muffs
Suits
Eye masks
Earbands
Fishing clothing, footwear, headgear
Functional underwear
Golf clothing, headgear, footwear
Insoles
Jeans
Jerseys
Jogging suits
Jogging clothing sets
Leg warmers
Leather clothing
Leotards
Light-reflecting coats
Maternity clothing
Maternity sports clothing
Motorcyclists clothing
Neckerchiefs
Nightwear
One-piece suits
Padded clothing for athletic use
Playsuits
Plimsolls
Rainwear
Rugby clothing
Rugby footwear
Football clothing
Football footwear
Shapewear
Sleepwear
Sports garments
Stretch pants
Sweat-absorbent socks, stockings, leggings, underclothing, outerclothing and clothing
Tennis wear
Thermal clothing, headgear, underwear
Waist belts
Water resistant clothing
Walking shoes
Windcheaters
Combative sports uniforms
Combative sports clothing, footwear and headgear
Clothing, footwear and headwear for boxing, cage fighting, kickboxing and muay thai.
The mark was filed in class 35 with following description of goods:
Advertising, particularly services for the promotion of goods
Loyalty, incentive and bonus program services
Merchandising
Product demonstrations and product display services
Production of video recordings for marketing purposes
Providing consumer product advice
Promotion of goods and services through sponsorship
Promotion of goods and services through sponsorship of sports, business and charitable events
Promotional management for sports personalities and sports people
Promotion of sports competitions and events
Organisation of exhibitions and events for commercial or advertising purposes
Import and export services
Advertising services
Organisation of trade fairs
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with dietary and nutritional supplements and dietetic preparations, vitamin supplements, food supplements for sportsmen, sportswomen and athletes, food supplements in liquid form, protein supplements, protein supplement shakes, mineral nutritional supplements, nutritional supplement energy bars, fitness and endurance supplements, protein powder dietary supplements
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with nutritional supplement meal replacement bars for boosting energy, powdered nutritional supplement drink mix, nutritional drinks and drink mixes for use as a meal replacement, protein supplement drinks and powders, antioxidants, dietary supplement drinks, herbal supplements, meal replacement powders, mineral supplements, nutraceutical preparations for humans
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with first-aid kits, scientific, surveying, photographic, cinematographic, weighing, measuring, signalling, checking, supervision, monitoring and teaching apparatus and instruments, sensors and detectors, apparatus for recording, transmission or reproduction of sound or images, recording discs, compact discs, DVDs and other digital recording media, calculating machines
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with data processing equipment, computer software, computer software applications, downloadable mobile applications, health monitoring software, downloadable videos, video recordings, downloadable video files, media content, downloadable videos and media in the field of sports, fitness, nutrition and health, pre-recorded videos, pre-recorded fitness DVDs
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with electrical and electronic apparatus and instruments for recording and measuring health and fitness parameters, computer software for providing information relating to fitness, calorie counting and step counting
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with multifunctional electronic devices to view, measure and upload to the internet information, including time, date, body and heart rate values, global positioning, direction, distance, altitude, cadence, speed, calories burned and steps taken, pedometers, calorie counting apparatus, heart-rate and fitness monitoring apparatus, mouth guards being gum shields
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with headphones, earphones, sunglasses and spectacles, frames and cases for sunglasses and spectacles, eyeshades, swimming goggles and swimming masks, straps, cases, covers and waterproof cases for mobile phones, tablet computers, computers, electronic devices and portable media players, protective and safety equipment, wearable activity trackers
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with skin moisture analyzers, not for medical purposes, testing devices, audio-visual teaching apparatus, electronic sports training simulators, massage apparatus, physiotherapy and rehabilitation equipment, foam massage rollers, compression bandages, compression garments, compression stockings, orthopaedic compression supports, limb compression instruments
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with body limb compression sleeves, compression socks for medical or therapeutic use, apparatus for electrical muscle stimulation, apparatus for the therapeutic toning of the body and muscles, therapeutic body toner apparatus, computer controlled exercise and training apparatus for therapeutic use, deep heat massage apparatus
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with electro-stimulation apparatus for use in therapeutic treatment, exercise apparatus for medical rehabilitative purposes, exercise machines for therapeutic purposes, hot therapy apparatus, nerve muscle stimulators, parallel bars for medical and therapeutic use, physical exercise apparatus for therapeutic use, step-up machines for use in physiotherapy
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with weight training apparatus adapted for medical use, supportive bandages, arch supports for flat feet, body limb compression sleeves for athletic use, elastic bandages, inserts and insoles for footwear for orthopaedic use, lumbar belts, tubular elastic bandages, jewellery, watches, clocks, key rings, key chains, key chain charms, bands for watches, electric watches
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with electrical timepieces, watch straps, stopwatches, watch bracelets, key fobs, leather and imitations of leather, luggage, trunks and travelling bags, suitcases, athletic bags, umbrellas and parasols, bags, bags for sport, gymnasium bags, mini-bags, tote bags, duffel bags, backpacks, bags for clothes, drawstring bags, holdalls, wash bags, beach bags, boot bags
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with cloth bags, cosmetic bags, toiletry bags, canvas bags, bum bags, beauty cases, belt bags and hip bags, purses and wallets, fitted protective covers for luggage, handbags, leather bags, luggage labels, luggage straps, luggage tags, shoe bags, shopping bags, animal apparel, animal leads, animal harnesses and collars, combs and sponges, brushes, except paintbrushes
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with unworked or semi-worked glass, except building glass, glassware, porcelain and earthenware, glasses, drinking vessels, bottles, drinks bottles, shaker bottles, running bottles, reusable plastic water bottles, sports bottles sold empty, reusable stainless-steel water bottles, cups, cup lids, fruit infuser bottles, flasks, bottle coolers, tableware, mugs, tumblers
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with bottles and tableware, bowls, plates, dishes, cool boxes, cool bags, ceramics for household purposes, crockery, chopping boards for kitchen use, cloths for eye-glasses, hairbrushes, golf brushes, bakeware, cookware, beverage coolers, biodegradable bowls, cups, plates, coasters, not of paper or textile, non-electric food and beverage coolers
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with insulated containers for food, empty spray bottles, jugs, laundry baskets, litter bins, lunchboxes, mixing bowls, mixing spoons, portable coolers, vacuum bottles, flasks and jars, cases adapted for cosmetic utensils, nail brushes, boot brushes, boot stretchers, clothes brushes, shoe horns, textile goods, textiles for making into articles of clothing
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with household linen, towels, gym towels, beach towels, hammam towels, apparel fabrics, coated fabrics, elastic fabrics for clothing, elastic woven materials, fabric linings for clothing, fabric for footwear, fabric and materials for use in the manufacture of clothing, bags, headgear and footwear, fabrics being textile piece goods for use in manufacture
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with synthetic fibre fabrics, textile fabrics for use in the manufacture of sportswear, vapour permeable fabrics, waterproof fabrics, labels of textile, textile handkerchiefs, throws, washcloths, exercise towels, bedding, bed and table covers, bath linen (except clothing), bedspreads, blankets, cushion covers, curtain holders of textile materials, curtains, banners
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with flags, textile place mats, napkins of textile materials, pillowcases, sheets, clothing, footwear, headgear, clothing, namely tops and bottoms, sweat absorbent clothing, bodybuilding clothing, fitness clothing, gym clothing, sports clothing, ski wear, surf wear, leisurewear, clothing for gymnastics, dancewear, clothing for running, clothing for tennis
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with bodybuilding and weightlifting clothing straps, wristbands and wrist straps, sweatbands, headbands, hats, caps, sun visors [head wear], beach hats, bobble hats and beanie hats, swimming caps, T-shirts, long sleeve t-shirts, crop t-shirts, running vests, vests and tank tops, polo shirts, sports shirts, crop tops, bodysuits, hooded jackets, tops, sweaters and jumpers
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with cardigans, knitwear, gilets, jackets, padded jackets, sports jackets, coats, jumpers, sweatshirts, cycling tops, pullovers, boxing robes, shorts, sweat shorts, gym shorts, running shorts, cycling shorts, boxing shorts, tennis shorts, dresses and skirts, clothing for martial arts, jumpsuits, dungarees, dresses and skirts for tennis, trousers
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with tracksuits and tracksuit bottoms, jogging bottoms, leggings, cropped leggings, ski pants, yoga pants, yoga shirts, tights, knitted tights, harem pants, underwear, thongs, briefs, boxer shorts, trunks [underwear], sports bras, bras, bralettes, socks, trainer socks and ankle socks, dressing gowns and robes, gloves, cycling gloves, base layer clothing
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with compression wear clothing, swimwear, beachwear, beach cover ups and wraps, sarongs, bikini tops, bikini bottoms, tankinis, swimsuits, swimming trunks, swimming shorts, rash vests, wetsuits, shoes, sports footwear, trainers, beach footwear, boots, sandals, flip flops, sliders, slippers, boxing shoes and boots, track shoes, running shoes and spiked running shoes
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with cycling shoes, golf shoes, gym shoes, dance shoes and dance slippers, tennis shoes, moisture wicking sports pants, shirts and bras, articles of outer clothing, articles of underclothing, scarves, pyjamas, babies clothing, footwear, headgear, infant clothing, footwear, headgear, baby boots, bibs, romper suits, baby sleepsuits, belts, sports singlets, athletic tights
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with bandanas, ballet shoes, baselayer tops, cashmere clothing, cargo pants, casualwear, clothing for wear in wrestling games, cover-ups, costumes, ear muffs, suits, eye masks, earbands, fishing clothing, footwear, headgear, functional underwear, golf clothing, headgear, footwear, insoles, jeans, jerseys, jogging suits, jogging clothing sets, leg warmers
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with leather clothing, leotards, light-reflecting coats, maternity clothing, maternity sports clothing, motorcyclists clothing, neckerchiefs, nightwear, one-piece suits, padded clothing for athletic use, playsuits, plimsolls, rainwear, rugby clothing, rugby footwear, football clothing, football footwear, shapewear, sleepwear, sports garments, stretch pants
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with sweat-absorbent socks, stockings, leggings, underclothing, outerclothing and clothing, tennis wear, thermal clothing, headgear, underwear, waist belts, water resistant clothing, walking shoes, windcheaters, accessories for apparel, sewing articles and decorative textile articles, embroidery, ribbons and braid, buttons, hooks and eyes, pins and needles
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with hair decorations, hair fastening articles, hairbands, hair clips, scrunchies, armbands for holding sleeves, badges for wear, not of precious metal, belt buckles, belt clasps, boot laces, buckles for clothing, cords for clothing, fasteners for clothing, shoe laces, shoe ornaments of plastic, zips, zipper pulls, mats and matting, exercise mats, yoga mats
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with gymnasium mats, games, toys and playthings, video game apparatus, gymnastic and sporting articles, sporting equipment, gymnasium, sport and training equipment, balls, sport and game balls, Pilates toning balls, athletic exercise cones, sporting protective items being protective padding for wear during sport, athletic protective sportswear, weight lifting belts
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with athletic knee and wrist supports, boxing gloves, weight lifting gloves, barbell pads, padded lifting straps, punchbags and balls, lifting weights, exercise weights, leg, ankle and wrist weights, elbow guards, knee guards, shin pads, face masks for sports, benches for sporting use, grips for sporting articles, fist protectors, pads for use in sports
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with chest protectors for sports use, body protectors for sports use, face guards for sports use, shoulder pads for sports use, hand wraps for sports use, hand pads for use in sports, harnesses for use in sports, cases and bags adapted for sporting articles, leg guards adapted for playing sport, exercise balls, treadmills, exercise machines
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with cardio-vascular exercise machines, exercise bicycles, cross-trainer exercise machines, stepping exercise machines, exercise benches, exercise pulleys, exercise, yoga and Pilates blocks and straps, yoga swings, skipping ropes, exercise resistance straps and bands, swimming floats and rings, beach balls and inflatable beach balls
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with gym chalk for improving hand grip in sports activities, indoor fitness apparatus, apparatus for achieving physical fitness, shock absorption pads for protection against injury [sporting articles], dumb-bells and bar-bells for weight lifting, back supporters for weightlifters, machines incorporating weights for use in physical exercise, aerobic steps
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with abdomen protectors for athletic use, body-building apparatus, body training apparatus, body toner apparatus, head covers and gloves for use in sports, hoops for exercise, kettlebells, kick pads for martial arts, nets for sports, portable home gymnastic apparatus, body rehabilitation apparatus, relay batons, lanyards for wear, knee and elbow bandages
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with elasticated supports for the knees and elbows, micro fibre towels, pads for barbells, running belt bags, surfboards and body boards, squat racks, stomach exercisers, stress relief balls, swimming equipment, mouth guards for boxing, boxing helmets, footwear and headgear
Retail, online retail, mail order and wholesale services, including temporary and pop-up retail store services in connection with protective clothing, footwear and headgear for use in sports and combative sports, combative sports uniforms, combative sports clothing, footwear and headgear, clothing, footwear and headwear for boxing, cage fighting, kickboxing and muay thai, punching bags for boxing and parts, fittings and accessories for all the aforesaid goods
Information, advisory and consultancy services in relation to the foregoing
None of the aforesaid services being provided in relation to wines and/or alcoholic beverages.
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Entertainment services
Sports and fitness services
Organisation of sports and sporting events and competitions
Organisation of fitness and fitness events and competitions
Sports camps
Sports activities
Sports, health and fitness training and coaching
Sporting services
Sports entertainment services
Providing sports information
Providing sports facilities
Rental of sports equipment and facilities
Providing sports entertainment via a website
Production of sporting events for television, film or radio
Provision of, and booking of sports facilities
Information related to sports education
Organization of e-sports competitions
Provision of news relating to sports
Provision of information relating to sports persons
Arranging and conducting of sports events for charitable purposes
Providing online newsletters in the fields of sports and sports entertainment
Exercise and fitness advisory services
Exercise and fitness classes
Fitness club services
Physical fitness centers
Health club services
Providing exercise and fitness facilities
Operation of physical fitness centers
Provision of information on fitness training via an online portal
Provision of educational health and fitness information
Provision of gymnasium facilities and gymnasium services
Gymnasium services relating to weight training
Gymnasiums
Electronic publication
Creation of podcasts
Multimedia publishing
On-line publication of electronic books and journals
Providing electronic publications, guides and web blogs
Provision of and publication of audio, video and multimedia productions and publications
Photography services
Publication of books and texts
Production of videos
Video entertainment services
Video library services
Production of training videos
Audio and video recording services
Providing online videos, not downloadable
Audio, video and multimedia production, and photography
Arranging and conducting of live entertainment events
Arranging of contests
Arranging of festivals for entertainment purposes
Arranging of visual entertainment
Booking of sports personalities for events (services of a promoter)
Conducting of live esports events
Corporate entertainment services
Corporate hospitality
Entertainment by means of roadshows
Entertainment services in the nature of organizing social entertainment events
Esports coaching
Fan club services
Festivals
Leisure services
Online entertainment
Organization of conferences
Organization of group recreational activities
Arranging and conducting seminars
Education and information services including the production of audio and/or visual content accessible via smartphones, tablets, personal computers, laptops, smart TVs and other communication devices
Organization of webinars
Photographic reporting
Preparation of documentaries
Providing online games
Summer camps
Exercise and fitness videos including in the form of a vlog via the Internet on websites, blogs and social media intended for that purpose
Provision of exercise and nutrition tuition online videos
Personal fitness training and advice services
Personal fitness training subscription courses
Organization of boxing matches
Boxing instruction
Organisation of conventions
Organisation of sporting, health and fitness conventions
Organisation of exhibitions and events in the field of sports
Information and advisory services relating to any of the aforesaid services.