The trademark Fitster was filed by Fitzter Oy, a corporation established under the laws of the Republic of Finland (the "Applicant"). The application was published for oppositions on March 15, 2021, and received one opposition filed on March 17, 2021 by FIT STAR Holding GmbH & Co. KG on Likelihood of confusion. the opponent was represented by Fieldfisher Partnerschaft von Rechtsanwälten mbB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued March 17, 2021
The application was filed in Finnish, and Finnish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003142906 was refused according to Article 8(1)(b) EUTMR with decision issued on August 31, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 9 with following description of goods:
Audiovisual teaching apparatus
Audio visual recordings
Downloadable electronic reports
Electronic publications recorded on computer media
Electronic publications featuring games
Electronic publications in the field of interactive technology
Electronic downloadable publications in the field of video games
Computer software downloaded from the internet
Software downloadable from the internet
Computer games programmes downloaded via the internet [software]
Downloadable computer game programs
Downloadable publications
Downloadable video game programs
Computer software applications, downloadable
Downloadable image files
Downloadable image files
Downloadable multimedia files
Downloadable media
Downloadable video recordings
Computer game software, downloadable
Downloadable software
Downloadable mobile applications for the transmission of information
Downloadable mobile applications for the management of information
Computer games programmes downloaded via the internet [software]