The trademark DAVE ASPREY was filed by David G Asprey, a national of the United States of America (the "Applicant"). The application was published for oppositions on May 31, 2021, and received one opposition filed on August 30, 2021 by Asprey Holdings Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by DECHERT LLP and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued August 30, 2021
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 1 with Mold inhibiting chemicals for preventing growth of mold.
The mark was filed in class 3 with following description of goods:
The mark was filed in class 5 with following description of goods:
Air freshening products, including, air deodorizing preparations
Probiotic mold prevention, including, antimicrobial preparations for preventing mold
Antimicrobial preparations for eliminating mold growth and preventing growth of mold
Dietary supplements
Dietary food supplements
Dietary supplemental drinks
Protein dietary supplements
Protein dietary supplements formed and packaged as bars
Probiotic supplements
Nutritional supplements
Vitamin supplements
Mineral supplements
Herbal supplements.
The mark was filed in class 9 with following description of goods:
Lenses for sunglasses, eyeglass and spectacles
Lenses for filtering light of specific wavelengths for use in sunglasses, eyeglass and spectacles
Optical filters for windows
Window treatments in the nature of adhesive color separation film sheeting for filtering light of specific wavelengths
Protective color separation films for windows, televisions, computers, tablets, laptops, smart phones, cell phones, digital clocks, electronic appliances and light emitting diode displays, luminaires, and other light fixtures to filter light of specific wavelength
Electronic components in the nature of protective display screen covers, display screen filters, and display screen protectors for filtering light of specific wavelengths
Cases for eyeglasses
Eyewear
Sunglasses
Accessories for eyewear
Accessories for sunglasses
Computer hardware, tablet computers, headsets, sensors, microphones, headphones, and earphones for providing neuro feedback training
Computer hardware, tablet computers, headsets, sensors, microphones, headphones, and earphones for providing neuro feedback training to improve an individual's learning capacity
Software for providing interactive neuro feedback training
Downloadable podcasts in the field of health, fitness, wellness, news, innovation, science, food.
The mark was filed in class 10 with following description of goods:
Medical instruments, including, light emitting devices and displays for increasing mitochondrial function, collagen production, pain relief, and improvement of a variety of skin attributes or conditions
LED circadian lights
LED lights that track the body's natural circadian rhythms
Smart lights that change wavelengths over time to support the body's natural circadian rhythms
Smart lightbulbs to support the body's natural circadian rhythms.
The mark was filed in class 11 with following description of goods:
Air freshening products, including, electric air deodorizing apparatus
Flashlights
LED flashlights
LED flashlights for illumination purposes.
The mark was filed in class 30 with following description of goods:
Coffee beans
Coffee pods
Iced coffee
High-protein cereal bars.
The mark was filed in class 32 with following description of goods:
Flavored waters
Flavored enhanced water
Flavored bottled water.
The mark was filed in class 35 with following description of goods:
Online retail store services in relation to mold inhibiting chemicals for preventing growth of mold, home cleaning preparations, cosmetics, air freshening products, including, air deodorizing preparations, probiotic mold prevention, including, antimicrobial preparations for preventing mold, antimicrobial preparations for eliminating mold growth and preventing growth of mold, dietary supplements, dietary food supplements, dietary supplemental drinks, protein dietary supplements, protein dietary supplements formed and packaged as bars, probiotic supplements, nutritional supplements, vitamin supplements, mineral supplements, herbal supplements, lenses for sunglasses, eyeglass and spectacles, lenses for filtering light of specific wavelengths for use in sunglasses, eyeglass and spectacles, optical filters for windows, window treatments in the nature of adhesive color separation film sheeting for filtering light of specific wavelengths, protective color separation films for windows, televisions, computers, tablets, laptops, smart phones, cell phones, digital clocks, electronic appliances and light emitting diode displays, luminaires, and other light fixtures to filter light of specific wavelength, electronic components in the nature of protective display screen covers, display screen filters, and display screen protectors for filtering light of specific wavelengths, cases for eyeglasses, eyewear, sunglasses, accessories for eyewear, accessories for sunglasses, computer hardware, tablet computers, headsets, sensors, microphones, headphones, earphones for providing neuro feedback training, computer hardware, tablet computers, headsets, sensors, microphones, headphones, earphones for providing neuro feedback training to improve an individual's learning capacity, software for providing interactive neuro feedback training, light emitting devices and displays for increasing mitochondrial function, collagen production, pain relief, and improvement of a variety of skin attributes or conditions, LED circadian lights, LED lights that track the body's natural circadian rhythms, smart lights that change wavelengths over time to support the body's natural circadian rhythms, smart lightbulbs to support the body's natural circadian rhythms, confectionery bars, coffee, coffee beans, coffee pods, iced coffee, high-protein cereal bars, cereal-based snack foods, tea, nonalcoholic beverages, flavored waters, flavored enhanced water, flavored bottled water
Online retail store services in relation to subscription boxes containing mold inhibiting chemicals for preventing growth of mold, home cleaning preparations,cosmetics, air freshening products, including, air deodorizing preparations, probiotic mold prevention, including, antimicrobial preparations for preventing mold, antimicrobial preparations for eliminating mold growth and preventing growth of mold, dietary supplements, dietary food supplements, dietary supplemental drinks, protein dietary supplements, protein dietary supplements formed and packaged as bars, probiotic supplements, nutritional supplements, vitamin supplements, mineral supplements, herbal supplements, lenses for sunglasses, eyeglass and spectacles, lenses for filtering light of specific wavelengths for use in sunglasses, eyeglass and spectacles, optical filters for windows, window treatments in the nature of adhesive color separation film sheeting for filtering light of specific wavelengths, protective color separation films for windows, televisions, computers, tablets, laptops, smart phones, cell phones, digital clocks, electronic appliances and light emitting diode displays, luminaires, and other light fixtures to filter light of specific wavelength, electronic components in the nature of protective display screen covers, display screen filters, and display screen protectors for filtering light of specific wavelengths, cases for eyeglasses, eyewear, sunglasses, accessories for eyewear, accessories for sunglasses, computer hardware, tablet computers, headsets, sensors, microphones, headphones, earphones for providing neuro feedback training, computer hardware, tablet computers, headsets, sensors, microphones, headphones, earphones for providing neuro feedback training to improve an individual's learning capacity, software for providing interactive neuro feedback training, including, light emitting devices and displays for increasing mitochondrial function, collagen production, pain relief, and improvement of a variety of skin attributes or conditions, LED circadian lights, LED lights that track the body's natural circadian rhythms, smart lights that change wavelengths over time to support the body's natural circadian rhythms, smart lightbulbs to support the body's natural circadian rhythms, confectionery bars, coffee, coffee beans, coffee pods, iced coffee, high-protein cereal bars, cereal-based snack foods, tea, non-alcoholic beverages, flavored waters, flavored enhanced water or flavored bottled water
Business management
Business management and advice
Business management consulting
Advisory services relating to business management and business operations
Consulting services in business organization and management
Business management of hotels
Providing consumer information services and making referrals in the field of entertainment services for products, services, events, activities, facilities and locations.
The mark was filed in class 41 with following description of goods:
Neuro feedback being educational training
Educational services, including, providing training to improve an individual's learning capacity by means of interactive neurofeedback
Entertainment services, including, providing podcasts
Providing online publications in the field of health, fitness, wellness, news, innovation, science, food
Providing non-downloadable publications via a website
Providing educational blogs via a website
Arranging and conducting educational conferences
Physical fitness training services
Providing fitness and exercise facilities
Physical fitness studio services, including, providing group exercise instruction, equipment, and facilities
Providing fitness services at hotels for health-conscious tourists and business travellers.
The mark was filed in class 43 with following description of goods:
Hotel services
Resort hotel services
Hotel, restaurant, and bar services
Making hotel reservations for others
Hotels focused on lifestyle, wellness and fitness
Providing online reservation, booking and search services for temporary lodging
Providing an online interactive website in relation to temporary lodging
Providing a website in relation to information in the field of temporary lodging
Travel agency services for making reservations and bookings for temporary lodging
Providing rental information for temporary lodging
Making temporary lodging reservations for others
Reservation and booking for temporary accommodation and lodging
Temporary accommodation reservations
Booking of temporary accommodation
Booking of temporary accommodation via the Internet
Providing temporary accommodation
Providing temporary housing accommodations
Providing information in the field of temporary lodging and accommodations
Providing online reservations and bookings for temporary lodging and accommodations
Reservation of temporary accommodations
Providing temporary accommodations and meals to clients of a health or beauty spa.
The mark was filed in class 44 with following description of goods:
Neuro feedback training as a therapy
Providing information and advice in the field of health, nutrition and stress management via personal consultations
Providing healthy lifestyle (health) and nutrition services, namely, personal assessments, personalized routines, maintenance schedules, and counseling
Counseling services in the fields of health, nutrition and lifestyle wellness (health)
Cryotherapy services
Vibration therapy
Health spa services for health and wellness of the mind, body and spirit
Health spa services for health and wellness of the body and spirit, including, providing massage, facial and body treatment services, cosmetic body care services
Health spa services for health and wellness of the mind, body and spirit offered in or from a remote, mobile or temporary on-site location
Health spa services, including, body care services
Bodywork therapy
Providing a web site in relation to information on health and nutrition
Consulting services in the fields of health and nutrition
Holistic health services
Health and wellness consultation to individuals to help them make health, wellness and nutritional changes in their daily living to improve health
Fitness services, namely, providing assistance in the nature of physical fitness evaluations to individuals to help them make health, wellness and nutritional changes in their daily living to improve health