The trademark BCUBE was filed by GREENFIT S.R.L., a corporation established under the laws of the Italian Republic (the "Applicant"). The application was published for oppositions on May 31, 2021, and received one opposition filed on August 31, 2021 by Spacelabs Holdings, Inc. on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Fieldfisher LLP
The application was filed in Italian, and Italian was also language of all opposition proceedings (Spanish was selected as the second language).
The application claimed as seniority of the Italian Republic trademark 302001900944234 registered on December 4, 2001 and filed on July 15, 2001 which was accepted by the office.
Goods And Services
The mark was filed in class 10 with following description of goods:
Dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth
Orthopedic articles
Suture materials
None of the aforementioned goods in relation to the following fields: Cardiological, Monitoring of patients and/or Archiving, editing or communication of patient information.
The mark was filed in class 18 with following description of goods:
Leather and imitation leather
Animal skins, hides
Trunks and suitcases
Umbrellas and parasols
Walking staffs
Whips, harness and saddlery
Leather and imitations of leather
Skins, Trunks, carrier bags, Handbags, Beach bags, Travelling bags, School satchels, Umbrellas and Parasols, Except cyclists' goods.
The mark was filed in class 25 with Clothing, footwear, headgear and Clothing and Sportswear, All the aforesaid goods except cyclists' goods..
The mark was filed in class 28 with following description of goods:
Games and playthings
Gymnastic and sporting articles
Decorations for Christmas trees
Teaching and sporting articles.
The mark was filed in class 41 with following description of goods:
Teaching
Training
Entertainment services
Sporting and cultural activities
Physical education and Educational and sporting courses.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
All the aforesaid services relating exclusively to fitness equipment and fitness accessories for personal use (non-medical)
None of the aforesaid services in relation to the following fields: Medicine, Cardiology, Monitoring of patients and/or Archiving, editing or communication of patient information.