The trademark application McGym was filed by Josef Geishauser, a national of the Federal Republic of Germany (the "Applicant") and Olaf J. Jansen, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on June 18, 2020, and it was registered by office on September 28, 2020 without any oppositions.
The application was filed in German (English was selected as the second language).
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements for humans
Protein powder dietary supplements
Dietary supplements promoting fitness and endurance
Food supplements for sportsmen
Beverages adapted for medicinal purposes
Vitamin and mineral preparations
Mineral dietary supplements for humans
Vitamins and vitamin preparations
Herbal supplements
Dietary supplements consisting of vitamins
Dietary supplemental drinks.
The mark was filed in class 9 with following description of goods:
Downloadable software applications
Computer software applications, downloadable
Computer programmes for data processing
Downloadable software
Computer programmes for data processing
Software for mobile phones
Mobile software
Software for smartphones
Software for tablet computers.
The mark was filed in class 18 with following description of goods:
Sport bags
Small rucksacks
All-purpose athletic bags
Backpacks
Sports packs
Bags for sports clothing
Gym bags
Waterproof bags.
The mark was filed in class 21 with following description of goods:
Hip flasks
Beverage glassware
Beverage stirrers
Heat-insulated containers for beverages.
The mark was filed in class 25 with following description of goods:
Gym suits
Printed t-shirts
Womens' outerclothing
Unitards
Clothing for gymnastics
Outerclothing for men
Jackets [clothing]
Jogging sets [clothing]
Sweatpants
Jogging tops
Hooded pullovers
Short trousers
Short-sleeved T-shirts
Running Suits
Running vests
Sports pants
Singlets
Gym suits
Sports jackets
Tee-shirts
Sweat shirts
Sweat jackets
Tracksuit bottoms
Track jackets
Sweat shorts
Tracksuit tops
Ladies' underwear.
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Sporting articles
Cases adapted for sporting articles
Body-training apparatus
Body-building apparatus [exercise]
Indoor fitness apparatus
Exercise bands
Weight lifting belts [sports articles]
Machines incorporating weights for use in physical exercise
Weight lifting gloves
Dumb-bells [for weight lifting]
Bar-bells
Dumb-bells
Sports equipment
Sports training apparatus
Skipping ropes
Gymnastic and sporting articles
Exercise benches.
The mark was filed in class 30 with Flavourings for beverages and Flavourings, other than essential oils, for beverages..
The mark was filed in class 32 with following description of goods:
Isotonic drinks
Mineral water [beverages]
Waters [beverages]
Syrups for beverages.
The mark was filed in class 35 with following description of goods:
Conducting of business appraisals
Wholesale services in relation to sporting equipment
Interpretation of market research data
Statistical evaluations of marketing data
Retail services in relation to sporting equipment
Wholesale services in relation to sporting articles
Advertising of the goods of other vendors, enabling customers to conveniently view and compare the goods of those vendors
Retail services in relation to sporting articles
Advertising of the services of other vendors, enabling customers to conveniently view and compare the services of those vendors
Promotional marketing
Marketing advice
Estimations for marketing purposes
Provision of marketing reports
Marketing assistance
Advertising, marketing and promotional services
Internet marketing.
The mark was filed in class 38 with following description of goods:
Telecommunication services provided via platforms and portals on the Internet and other media
Telecommunication services provided via Internet platforms and portals
Providing user access to platforms on the Internet.
The mark was filed in class 41 with following description of goods:
Sports and fitness
Gymnasium services relating to body building
Training, education, entertainment and sporting activities
Provision of educational health and fitness information
Coaching services for sporting activities
Sporting and cultural activities
Providing cultural activities
Providing information about sporting activities
Booking of exercise facilities
Health club services [health and fitness training]
Entertainment, sporting and cultural activities
Health club services [health and fitness training]
Provision of information on fitness training via an online portal
Consultancy relating to physical fitness training
Instruction in nutrition [not medical]
Sporting activities
Sporting and cultural activities
Exercise [fitness] advisory services
Processing and publication of information relating to sports activities and events.
The mark was filed in class 42 with following description of goods:
Testing, analysis and evaluation of the goods and services of others for the purpose of certification
Programming of software for e-commerce platforms
Hosting platforms on the Internet
Programming of multimedia applications
Hosting of mobile applications
Design and development of software in the field of mobile applications
Software creation
Software development
Software design and development
Updating of computer software
Providing temporary use of non-downloadable software
Providing temporary use of non-downloadable software applications accessible via a web site
Providing temporary use of non-downloadable software to enable sharing of multimedia content and comments among users
Hosting services and software as a service and rental of software
Electronic data storage and data back-up services
Electronic storage services for archiving databases, images and other electronic data
Computerised business information storage
Creating and maintaining websites for mobile phones
Hosting of digital content on the Internet
Hosting web portals
Hosting of communication platforms on the internet
Software as a service [SaaS]
Platform as a Service [PaaS]
Providing online, non-downloadable software
Rental of computer programs
Providing temporary use of on-line non-downloadable software
Temporary electronic storage of information and data
Hosting an online comparison portal for gym services
Assessment of food from a gastronomic establishment from a nutritional perspective.
The mark was filed in class 44 with following description of goods:
Providing nutritional information about food for medical weight loss purposes
Nutritional advice
Dietary and nutritional guidance
Nutrition and dietetic consultancy
Providing nutritional information about food
Nutritional advice
Dietetic advisory services
Nutrition counseling
Providing information relating to dietary and nutritional guidance.