The trademark PELO was filed by Peloton Interactive, Inc., a U.S. corporation (the "Applicant"). The application was published for oppositions on November 14, 2022, and received one opposition filed on February 14, 2023 by PELICAN PRODUCTS, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Charles Russell Speechlys France, SELAS and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued February 14, 2023
The application was filed in English, and English was also language of all opposition proceedings (Italian was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on August 15, 2024.
Goods And Services
The mark was filed in class 9 with following description of goods:
Digital video players consisting of computer, computer monitor, speakers, headphone, camera and microphone
MP3 players, all being for use in connection with interactive fitness
Ear and head phones all being for use in connection with interactive fitness
Digital media, namely, pre-recorded compact discs, DVDs, high definition digital discs, and downloadable audio and audiovisual recordings, all in the fields of exercise, of fitness, of wellness relating to fitness and exercise, of nutrition relating to fitness and exercise, of mindfulness, of meditation and of personal development
Downloadable software in the nature of an application for use by individuals participating in exercise classes, physical training, and exercise instruction for scheduling exercise classes, for detecting, storing and reporting daily human energy expenditure and physical activity level, for developing and monitoring personal activity and exercise plans, training goals and giving feedback on the achieved results
Computers and software for monitoring and analyzing various parameters associated with the operation of a bicycle, exercise cycle, or exercise equipment and for fitness training
Smart watches
Parts, fittings and accessories for all the aforesaid.
The mark was filed in class 14 with following description of goods:
Jewelry, namely, rings, earrings, bracelets, bangles, necklaces and clothes brooches
Ornamental lapel pins
Silicone wristbands in the nature of a bracelet
Wrist watches
Parts, fittings and accessories for all the aforesaid.
The mark was filed in class 16 with following description of goods:
Printed matter
Publications
Decals
All the aforesaid in the fields of physical exercise, of training, of fitness, of wellness relating to fitness and exercise, of nutrition relating fitness and exercise, of mindfulness, of meditation and of personal development.
The mark was filed in class 18 with following description of goods:
Bags
Backpacks
All purpose sport bags
Pouches
Tote bags
Parts, fittings and accessories for all the aforesaid
All being for use in connection with interactive fitness
Umbrellas and parts, fittings and accessories for umbrellas.
The mark was filed in class 21 with following description of goods:
Drinking vessels and bottles, including for sports, all being for use in connection with interactive fitness
Mugs all being for use in connection with interactive fitness
Parts, fittings and accessories for all the aforesaid.
The mark was filed in class 24 with following description of goods:
Textiles
Fabrics
Textile and fabric piece goods for use in relation to exercise and fitness equipment
Wall coverings, namely, textile wall hangings
Furnishing and decorating textiles and fabrics
Curtains and pelmets
Towels for use in relation to exercise and fitness equipment
Cloths for use in relation to exercise and fitness equipment
Household linen for use in relation to exercise and fitness equipment
Disposable linens for use in relation to exercise and fitness equipment.
The mark was filed in class 25 with following description of goods:
The mark was filed in class 28 with following description of goods:
Stationary bicycles and component parts thereof
Bicycle seats and bicycle pedals sold separately for stationary bicycles
Exercise weights
Stationary bicycles equipped with interactive computer systems, namely, computer console, microphone and camera
Stationary bicycles equipped with interactive computer systems, video players, and body bars
Body bars
Yoga blocks
Yoga straps
Yoga cushions
Pilates equipment, namely, exercise bands, resistance bands, and exercise cushions
Exercise equipment
Treadmills
Rowing machines
Bags and containers specially adapted for carrying and transporting the aforesaid goods, all such bags and containers being for use in connection with interactive fitness
Parts, fittings and accessories for all the aforesaid.
The mark was filed in class 35 with following description of goods:
Retail and online retail store services in connection with the sale of foods and beverages
Retail and online retail store services in connection with the sale of preparations for application to the skin, namely, body-soaps, body-moisturisers, bodyscrubs, body-salves, body-balms, body-perfumes, body-colognes, and antiperspirants for the body
Retail and online retail store services in connection with the sale of cosmetics, namely, body-soaps, body-moisturisers, body-scrubs, bodysalves, bodybalms, body-perfumes, body-colognes, make-up, lipstick, lip gloss, lip balm, and antiperspirants for the body
Retail and online retail store services in connection with the sale of cosmetic preparations for skin care, namely, body-soaps, body-moisturisers, body-scrubs, body-salves, body-balms, lip-balms, body-perfumes, body-colognes, and anti-perspirants for the body
Retail and online retail store services in connection with the sale of shower gels, namely, body soaps
Retail and online retail store services in connection with the sale of body lotions, body-soaps, aftershave lotion, non-medicated toilet preparations (namely, body-soaps, bodymoisturisers, body-scrubs, body-salves, body-balms, body-perfumes, body colognes, and antiperspirants for the body) and essential oils for application to the body
Retail and online retail store services in connection with the sale of digital video players consisting of computer, computer monitor, speakers, headphone, camera and microphone, ear and head phones
Retail and online retail store services in connection with the sale of digital media, namely, downloadable audio and audiovisual recordings, and digital media in the fields of exercise, of fitness, of wellness relating to fitness or exercise, of nutrition relating to fitness and exercise, of mindfulness, of meditation and of personal development
Retail and online retail store services in connection with the sale of downloadable software in the nature of an application for use by individuals participating in exercise classes, physical training, and exercise instruction for scheduling exercise classes
Retail and online retail store services in connection with the sale of downloadable software for detecting, storing and reporting daily human energy expenditure and physical activity level
Retail and online retail store services in connection with the sale of downloadable software for developing and monitoring personal activity and exercise plans, training goals and giving feedback on the achieved results
Retail and online retail store services in connection with the sale of computers and software for monitoring and analyzing various parameters associated with the operation of a bicycle, exercise cycle, or exercise equipment and for fitness training
Retail and online retail store services in connection with the sale of apparatus for monitoring exercise, fitness and heart rate
Retail and online retail store services in connection with the sale of jewelry (namely, rings, earrings, bracelets, bangles, necklaces, clothes brooches), ornamental lapel pins, silicone wristbands in the nature of a bracelet, smart watches, wrist watches, printed matter (in the fields of physical exercise, of training, of fitness, of wellness relating to fitness and exercise, of nutrition relating fitness and exercise, of mindfulness, of meditation and of personal development), publications (in the fields of physical exercise, of training, of fitness, of wellness relating to fitness and exercise, of nutrition relating fitness and exercise, of mindfulness, of meditation and of personal development), decals (in the fields of physical exercise, of training, of fitness, of wellness relating to fitness and exercise, of nutrition relating fitness and exercise, of mindfulness, of meditation and of personal development), umbrellas, bags, backpacks, all-purpose sport bags, pouches and tote bags, (all such bags, backpacks, all purpose sports bags, pouches, and tote bags being for use in connection with interactive fitness), retail and online retail store services in connection with the sale of drinking vessels and bottles, sports bottles, mugs, clothing (namely, underwear, hosiery, socks, underpants, briefs, bras, vests, t-shirts, sweatshirts, hoodies, tank-tops, shorts, trousers, tracksuits, warm-up suits, pullovers, shirts, blouses, dresses, neckwear, coats, and jackets), footwear, sports apparel (namely, shirts, leggings, sleeveless tops, t-shirts, tank tops, sports bras and pullovers), headwear (namely sun vizors), sports apparel (namely, shorts, exercise tights, tops, jackets, sweatshirts, hoodies, shoes and socks), neck-scarves, gloves, wristbands and patches
Retail and online retail store services in connection with the sale of yoga mats, floor coverings, rugs and mats for use in exercise and fitness, stationary bicycles and component parts thereof, bicycle seats and bicycle pedals sold separately for stationary bicycles
Retail and online retail store services in connection with the sale of exercise weights, stationary bicycles equipped with interactive computer systems, namely, computer console, microphone and camera, and stationary bicycles equipped with interactive computer systems and video players
Retail and online retail store services in connection with the sale of video players, body bars, yoga blocks, yoga straps, yoga cushions, pilates equipment, namely, exercise bands, resistance bands, and exercise cushions, exercise equipment, treadmills, rowing machines
Retail and online retail store services in connection with the sale of bags and containers specially adapted for carrying and transporting any of the aforesaid goods, (all such bags and containers being for use in connection with interactive fitness)
And parts, fittings and accessories for any of the aforesaid goods
Retail and online retail store services in connection with the sale of fitness equipment
Information, advice and assistance relating to the aforesaid.
The mark was filed in class 38 with following description of goods:
Streaming of audio and video materials on the Internet in the fields of exercise, weight loss, physical fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise) mindfulness, meditation, and personal development
Streaming of audio and video materials on the internet featuring physical fitness, physical fitness classes, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness, meditation, training, and instruction
Information, advice and assistance relating to the aforesaid.
The mark was filed in class 41 with following description of goods:
Educational services relating to exercise, weight loss, physical fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness, meditation, and personal development
Entertainment services relating to exercise, weight loss, physical fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness, meditation, and personal development
Exercise classes offered by means of streaming feed on the Internet
Entertainment services, namely, providing podcasts via video and audio in the fields of exercise, weight loss, physical fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise) mindfulness, meditation, and personal development
Entertainment services, namely, production and distribution of radio programs, television programs and cable television programs in the fields of exercise, fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness, meditation, and personal development for distribution via television, cable television, radio and a global computer network
Entertainment services in the nature of the production and distribution of a television channel, cable television channel and radio channel in the fields of exercise, fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness, meditation, and personal development
Educational services, namely, the presentation of seminars, lectures, workshops, and panel discussions in the fields of exercise, fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness, meditation, and personal development
Providing classes, workshops and seminars in the fields of fitness, wellness, nutrition, mindfulness, meditation, and exercise
Providing fitness and exercise facilities
Physical fitness instruction and consultation
Physical fitness conditioning classes
Physical fitness training services
Physical fitness studio services, namely, providing exercise classes
Yoga instruction
Pilates instruction
Online publication of journals, namely, blogs featuring the topics regarding local community, exercise, fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness, meditation, and personal development
Providing a website containing information on exercise, physical fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness and meditation
Providing non-downloadable live and recorded audiovisual content featuring wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness, meditation, and physical fitness classes, training and instruction
Providing online courses in the fields of exercise, fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness, meditation, and personal development
Information, advice and assistance relating to the aforesaid.
The mark was filed in class 42 with Providing temporary use of non-downloadable computer software to facilitate communication during physical exercise, namely for monitoring and analyzing various parameters associated with the operation of a bicycle, exercise cycle and exercise equipment and for fitness training and information, advice and assistance relating to the aforesaid..
The mark was filed in class 45 with Online social networking services in the fields of exercise, fitness, wellness (relating to fitness and exercise), nutrition (relating to fitness and exercise), mindfulness, meditation, and personal development.