The trademark Kettler Aquarower was filed by Plomp AG, a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on August 9, 2020, and received one opposition filed on November 3, 2020 by Kettler (G.B.) Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Wilson Gunn (Europe) and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued November 3, 2020
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 28 with following description of goods:
Sporting articles and equipment
Aerobic steps
Aerobic step machines
Exercise weights
Gymnastic and sporting articles
Stands for jogging machines
Sports training apparatus
Sports equipment
Sporting articles
Sit up benches
Exercise pulleys
Rowing machines
Punching bags
Floor-mounted punch balls
Manual leg exercisers
Manually operated exercise equipment
Push-up handles
Push up stands
Bar-bells
Exercise treadmills
Dumbbell shafts for weight lifting
Dumb-bells
Kettle bells
Body training apparatus [exercise]
Inversion tables
Lifting grips for weight lifting
Dumb-bells [for weight lifting]
Hand grip strengthener rings
Hand wraps for sports use
Manually operated rings for lower and upper body resistance exercise
Appliances for gymnastics
Grips for sporting articles
Machines incorporating weights for use in physical exercise
Weight lifting belts [sports articles]
Apparatus for achieving physical fitness [for non-medical use]