The trademark Wellso was filed by LUCILE WOODWARD SAS, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on April 27, 2021, and received one opposition filed on July 25, 2021 by Robert Klingel OHG on Likelihood of confusion. the opponent was represented by UNIT4 IP RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued July 25, 2021
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on September 19, 2021. Appointment and Replacement of representative of the trademark registration was recorded on February 21, 2022.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietary supplements for athletes
Food supplements or Nutritional supplements, Especially, Supplements for a normal diet or being health supplements
Food supplements for sportspeople, Dietary supplements for athletes
Dietary supplements with a cosmetic effect, Royal jelly dietary supplements, Yeast dietary supplements, Pollen dietary supplements, Propolis dietary supplements, Preparations of trace elements for human use, Antioxidant pills, Mineral food supplements, Vitamin preparations, Herbal teas for medicinal purposes.
The mark was filed in class 9 with following description of goods:
Downloadable mobile applications and software enabling access to information databases in the field of fitness and sports training
Downloadable software for the collection, storage and display of data relating to lifestyle, health, well-being and fitness
Downloadable software for planning, monitoring and tracking progress in health and wellness goals, including exercise, weight
Downloadable computer software in the form of mobile applications for accessing and visualising data, in particular for obtaining advice and assistance in relation to sport and physical activities
Connected bracelets [measuring instruments]
CDs, DVDs, CD Roms
Wearable activity trackers, Diagnostic apparatus, not for medical purposes, Audiovisual teaching apparatus.
The mark was filed in class 16 with following description of goods:
The mark was filed in class 27 with following description of goods:
Mats for sports
Gymnastic mats
Yoga mats.
The mark was filed in class 28 with following description of goods:
Sporting goods and equipment
Appliances for gymnastics
Appliances for gymnastics
Cardio training articles (treadmills, bicycles, pedalos, steppers, elliptical trainers, rowing machines) and small fitness fittings (dumbbells, disks, bars, elastic bands, steps, trampolines).
The mark was filed in class 30 with following description of goods:
Tea-based beverages
Chamomile-based beverages
Chicory [coffee substitute]
Royal jelly
Tea
Iced tea.
The mark was filed in class 35 with following description of goods:
Business administration
Business management
Commercial intermediation services
Advertising
Dissemination of advertising matter
Online advertisements
Organisation of events for commercial or advertising purposes
Consultancy in commercial business management, Business organisation consultancy
Advisory services for business activities management
Business management advisory services relating to franchising
Advertising agency services / communication consultancy [advertising] / business management of sports people
Retailing, including online, of the following goods: Nutritional supplements for sports people, Dietary or nutritional supplements being supplements for a normal diet or health supplements, Dietary supplements for athletes, Nutritional supplements for sports people
Retailing, including online, of the following goods: dietary supplements with a cosmetic effect, Royal jelly dietary supplements, Yeast dietary supplements, Pollen dietary supplements, Propolis dietary supplements
Retailing, including online, of the following goods: Preparations of trace elements for human use, Antioxidant pills, Mineral nutritional supplements, Vitamin preparations, Medicinal teas
Retailing, including online, of the following goods: Printed matter, Newspapers, Magazines, Printings, Magazines Books, newsletters, magazines, pamphlets, and brochures, greeting cards, printed publications, Sanitary pads, manuals, brochures, Promotional pamphlets, Catalogues, Prospectuses Posters and Posters, note books, Recipe books and collections, recipe files
Retailing, including online, of the following goods: sports clothing, clothing for gymnastics, Sports pants, Leggings, Tee-shirts, Sports vests, Sports jerseys, teddies, Sports footwear, Gloves for sports, Socks, sports underwear, swim caps, Swimwear/ Bathing suits, Sports jerseys, Brassieres, Sweat-absorbent underclothing
Retailing, including online, of the following goods: Sporting mats, Mats for gymnastics, yoga mats, Sporting goods and equipment, Appliances for gymnastics, Gymnastic apparatus, Cardio training articles (treadmills, bicycles, pedalos, steppers, elliptical trainers, rowing machines) and small fitness fittings (dumbbells, disks, bars, elastic bands, steps, trampolines)
Retailing, including online, of the following goods: tea-based beverages, Beverages based on camomile, Chicory [coffee substitute], Royal jelly, tea and iced tea
The bringing together, for the benefit of others, of goods on communications media of all kinds for the retailing of the following goods: Nutritional supplements for sports people, Dietary or nutritional supplements being supplements for a normal diet or health supplements, Dietary supplements for athletes, Nutritional supplements for sports people
The bringing together, for the benefit of others, of goods on communications media of all kinds for the retailing of the following goods: dietary supplements with a cosmetic effect, Royal jelly dietary supplements, Yeast dietary supplements, Pollen dietary supplements, Propolis dietary supplements
The bringing together, for the benefit of others, of goods on communications media of all kinds for the retailing of the following goods: Preparations of trace elements for human use, Antioxidant pills, Mineral nutritional supplements, Vitamin preparations, Medicinal teas
The bringing together, for the benefit of others, of goods on communications media of all kinds for the retailing of the following goods: Printed matter, Newspapers, Magazines, Printings, Magazines, books, periodical publications, manuals, brochures, Promotional pamphlets, Catalogues, Prospectuses Posters and Posters, Notebooks, recipe books and collections, recipe files
The bringing together, for the benefit of others, of goods on communications media of all kinds for the retailing of the following goods: sports clothing, clothing for gymnastics, Sports pants, Leggings, Tee-shirts, Sports vests, Sports jerseys, teddies, Sports footwear, Gloves for sports, Socks, sports underwear, swim caps, Swimwear/ Bathing suits, Sports jerseys, Brassieres, Sweat-absorbent underclothing
The bringing together, for the benefit of others, of goods on communications media of all kinds for the retailing of the following goods: Sporting mats, Mats for gymnastics, yoga mats, Sporting goods and equipment, Appliances for gymnastics, Gymnastic apparatus, Cardio training articles (treadmills, bicycles, pedalos, steppers, elliptical trainers, rowing machines) and small fitness fittings (dumbbells, disks, bars, elastic bands, steps, trampolines)
The bringing together, for the benefit of others, of goods on communications media of all kinds for the retailing of the following goods: tea-based beverages, Beverages based on camomile, Chicory [coffee substitute], Royal jelly, tea and iced tea.
The mark was filed in class 38 with following description of goods:
Telecommunications, providing online forums, Database accessing services, Access to multimedia content databases, access to video databases
Dissemination of audio, Dissemination of video content
Data transmission and data broadcasting
Podcasting.
The mark was filed in class 41 with following description of goods:
Education, providing of training, sporting activities, sports and fitness including online via website, providing of information relating to physical training via online portal or website
Conducting fitness classes
Sports coaching
Providing online electronic publications, not downloadable
Personal trainer services [fitness training]
Providing online videos, not downloadable
Exercise [fitness] advisory services
Consultancy services relating to training
Organisation of sports events and competitions
Sporting entertainment
Rental and providing of sports equipment, except vehicles
Operation, rental and providing of sporting facilities
Information relating to physical activities, Providing of information relating to sporting activities
Coaching in the field of nutrition [providing of training]
Education services relating to nutrition
Provision of educational courses relating to diet
Personal trainer services [physical training]
Conducting physical fitness conditioning classes
Providing of education in the field of exercise
Conducting of sport coaching classes
Production of DVDs, compact discs, CD-ROMs in the field of sports, Namely, Recording of sports teaching
Teaching and providing of training in the field of sports and food (teaching and preparation of sports and dietary programmes).
The mark was filed in class 42 with Scientific research, research and development of new products for others in the following fields: health and SPORT.
The mark was filed in class 45 with following description of goods:
Online social networking services accessible by means of downloadable mobile applications
Networking via online social networks, available via the web
Licensing of sports methods (licensing of sports [exercises] and dietary programmes).