The trademark MALIBU CREW was filed by Functional 45 Training Limited, a corporation established under the laws of Ireland (the "Applicant"). The application was published for oppositions on December 22, 2020, and received one opposition filed on March 22, 2021 by The Absolut Company Aktiebolag on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Greyhills Rechtsanwälte Partnerschaftsgesellschaft mbB Glombitza Luckhaus Steinberg and proceedings were handled in German, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 22, 2021
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 September 9, 2021. Appointment and Replacement of representative of the trademark registration was recorded on August 7, 2023. Appointment and Replacement of representative of the trademark registration was recorded on February 11, 2024.
Goods And Services
The mark was filed in class 25 with Clothing, footwear, headgear.
The mark was filed in class 28 with following description of goods:
Exercise equipment and fitness equipment
Games, toys and playthings
Gymnastic and sporting articles.
The mark was filed in class 35 with Retail store services relating to clothing, footwear, headgear, exercise equipment and fitness equipment, games, toys, playthings, and gymnastic and sporting articles.
The mark was filed in class 41 with following description of goods:
Fitness training services
Health club services in the nature of physical fitness, stretching and recovery training
Providing classes, workshops and seminars in the fields of fitness, stretching, recovery and exercise
Physical fitness instruction and consultation
Physical fitness conditioning, stretching and recovery classes
Physical fitness training services in providing a website featuring information on exercise, stretching, recovery and physical fitness accessible through a global computer network and mobile devices.
The mark was filed in class 43 with following description of goods:
Restaurant services
Café services
Bar services
All of the aforementioned services limited to use inside, or as part of, a fitness studio.
The mark was filed in class 44 with following description of goods:
Providing health spa services, namely, massages, sauna, steam room, hydromassage, therapeutic massages, and cosmetic body care services
Physical therapy and rehabilitation
Health spa services for health and wellness of the mind, body and spirit
Providing an online portal for the provision and exchange of nutrition and health information